HomeMy WebLinkAboutRDA Packet 1995/08/01 (2)
Tuesday, August I, 1995
5:00 p.m.
(immediately following the City Council meeting)
Council Chambers
Public Services Building
Special Joint Meeting of the Redevelopment Agencv/Citv Council
of the Citv of Chnla Vista
1.
ROLL CALL:
2.
APPROVAL OF MINUTES:
CALL TO ORDER
Agency/Council Members Alevy _' Moot _' Padilla_.
Rindone _' and Chair/Mayor Horton _
None.
BUSINESS
3. Written Communications: None.
4.
PUBLIC
HEARING:
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JOINT REDEVELOPMENT AGENCY/CITY COUNCIL HEARING
PURSUANT TO THE CHULA VISTA MUNICIPAL CODE AND
CALIFORNIA HEALTH AND SAFETY CODE SECTION 33431 AND
33433 REGARDING THE PROPOSED DISPOSITION BY THE
AGENCY OF CERTAIN REAL PROPERTY LOCATED AT 760
BROADWAY COMPRISED OF APPROXIMATELY 2.53 ACRES TO
BROADWAY VILLAGE BUSINESS HOMES, L.P. AND THE
PROPOSED DEVELOPMENT OF SAID PROPERTY INTO A 36-UNIT
MIXED-USE BUSINESS HOMES PROJECT, SUCH PUBLIC HEARING
TO CONSIDER THE FOLLOWING SPECIFIC PROPOSED ACTIONS:--
The City Council and Redevelopment Agency are requested to hold the
requisite public hearings and take the actions necessary to approve the
Broadway Business Homes Project and authorize execution of a Disposition
and Development Agreement with Joelen Enterprises (Josef and Lenore Citron)
for the development of the project. Actions required include a zoning change
for the project from Thoroughfare Commercial to Central Commercial-Precise
Plan; a Special Use Permit with Shared Parking Agreement to establish the
mixed-use project; and approval of a Precise Plan with Conditions for
development of the Project and approval of the DDA. and sale of the property
without public bidding. Staff recommends the Council and Agency approve
the resolutions and place the Ordinance on first reading. (Community
Development Director)
1. Review and adoption of Mitigated Negative Declaration and
Addendum IS-95-03
2. Approval of an amendment to the zoning map or maps established
by Section 19.18.010 of the Chula Vista Municipal Code by
rezoning the 2.532 acre parcel located at 760 Broadway within the
Southwest Redevelopment Project Area from C- T (Commercial
Thoroughfare) to C-C-P (Central Commercial with Precise Plan)
Agenda
A. JOINT
COUNCIL
RESOLUTION 17964
AND
AGENCY
RESOLUTION 1460
B. COUNCIL
ORDINANCE 2636
C.AGENCY
RESOLUTION 1461
D. JOINT AGENCY
RESOLUTION 1462
AND COUNCIL
RESOLUTION 17965
-2-
August I, 1995
3. Issuance of a Special Use Permit to construct a 36-unit
commercial/residential mixed-use project with Shared Parking
Agreement
4. Approval of a Precise Plan to allow construction of a 36-unit mixed-
use project including associated site improvements
5. Approval of a Disposition and Development Agreement hetween the
Agency and Joelen Enterprises
ADOPTING MITIGATED NEGATIVE DECLARATION AND
ADDENDUM IS-95-03 FOR A 36-UNlT BUSINESS HOMES PROJECT
AT 760 BROADWAY
AMENDING THE ZONING MAP OR MAPS ESTABLISHED BY
SECTION 19.18.010 OF THE CHULA VISTA MUNICIPAL CODE BY
REZONING THE 2.53 ACRE PARCEL LOCATED AT 760 BROADWAY
WITHIN THE SOUTHWEST REDEVELOPMENT PROJECT AREA
FROM C-T(COMMERCIAL THOROUGHFARE) TOC-C-P, CENTRAL
COMMERCIAL WITH PRECISE PLAN (First Reading)
MAKING CERTAIN FINDINGS AND GRANTING A SPECIAL USE
PERMIT FOR THE DEVELOPMENT OF A MIXED-USE PROJECT
KNOWN AS THE BROADWAY BUSINESS HOMES PROJECT,
LOCATED AT 760 BROADWAY WITHIN THE SOUTHWEST
REDEVELOPMENT PROJECT AREA TO BROADWAY VILLAGE
BUSINESS HOMES, L.P.
APPROVING A PRECISE PLAN FOR THE BROADWAY BUSINESS
HOMES PROJECT AND A DISPOSITION AND DEVELOPMENT
AGREEMENT WITH BROADWAY BUSINESS HOMES, L.P., AND
AUTHORIZING THE CHAm TO EXECUTE SAME
E. AGENCY
RESOLUTION 1463 WAIVING THE CONSULTANT SELECTION PROCESS,
AUTHORIZING EXECUTION OF A TWO-PARTY AGREEMENT
BETWEEN THE REDEVELOPMENT AGENCY AND WOODW ARD-
CLYDE CONSULTANTS FOR SOIL TESTING AND REMEDIATION
CONSULTING SERVICES AT 760 BROADWAY, AND
APPROPRIATING FUNDS THEREFOR--Demolition of bnildings at the
Fuller Ford site will necessitate removal of contaminated soils. It will be
necessary to have a qualified hazardous materials consultant present during
demolition.
Staff recommends this item be withdrawn from consideration. The item will be brought forward at a future date
contingent upon approval of a Disposition and Development Agreement.
NOT A PART OF THE PUBLIC HEARING. BUT A RELATED ITEM.
(Community Development Director)
Agenda
-3-
August 1, 1995
ORAL COMMUNICATIONS
This is an oppol1unity for the general public to address the Redevelopment Agency on any subject matter within
the Agency's jurisdiction that is not an item on this agenda. (State law, however, generally prohibits the
Redevelopment Agency from taking action on any issues not included on the posted agenda.) If you wish to
uddress the Council on such a subject, please complete the yellow "Request to Speak Uuder Oral Communications
Form" available in the lobby and submit it to the Secretary to the Redevelopment Agency or City Clerk prior to
the meeting. Those who wish to speak, please give your name and address for record purposes and follow up
action. Your time is limited to three minutes per speaker.
OTHER BUSINESS
5. DIRECTOR'S/CITY MANAGER'S REPORT(S)
6. CHAIR'SIMAYOR'S REPORT(Sl
7. AGENCY/COUNCIL MEMBER COMMENTS
ADJOURNMENT
The meeting will adjourn to the Regular Redevelopment Agency Meeting on August 15, 1995 at 6:00 p.m.,
immediately following the City Council meeting, in the City Council Chambers.
... ... ... ... ... ...
COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT
The City of Chula Vista, in complying with the Americans With Disabilities Act (ADA), request
individuals who require special accommodations to access. attend, and/or participate in a City meeting,
activity, or service request such accommodation at least forty-eight hours in advance for meetings and
five days for scheduled services and activities. Please contact the Secretary to the Redevelopment
Agency for specific information at 619.691.5047 or Telecommunications Devices for the Deaf (TDD)
at 619.585.5647. California Relay Service is also available for the hearing impaired.
[c: I WP5 t IAGENCYIAGENDASI08-tJ t -95 .RDAl
MEMORANDUM
July 27, 1995
FROM:
The Honorable Chair and Agency Members/(\l
John D. Goss, Executive Director.,J~ b1k~\
Chris Salomone, Community Developme~t Director C 7 '
TO:
VIA:
SUBJECT:
Broadway Business Homes
In discussion with the applicant late today. Josef and Lenore Citron have agreed with the
Agency requirements pursuant to the proposed Disposition and Development Agreement as
determined in Closed Session at the July 25, 1995 meeting.
The Disposition and Development Agreement reflecting Agency requirements will be
forwarded to Agency members under separate cover prior to the meeting.
[BB\C:\WP51 \AGENCY\MEMOS\INF09509.MEMJ
This page blank.
ITEM TITLE:
A. JOINT
COUNCIL!
AGENCY
B. COUNCIL
C. AGENCY
~
REDEVELOPMENT AGENCY/CITY COUNCIL AGENDA STATEMENT
Item qJQ" b, c, &., J.
Meeting Date 011. 1/:303 "/t~, rr
PUBLIC HEARING: JOINT REDEVELOPMENT AGENCY/CITY .?/i~
COUNCIL HEARING PURSUANT TO THE CHULA VISTA MUNICIPAL CODE
AND CALIFORNIA HEALTH AND SAFETY CODE SECTION 33431 AND
33433 REGARDING THE PROPOSED DISPOSITION BY THE AGENCY OF
CERTAIN REAL PROPERTY LOCATED AT 760 BROADWAY COMPRISED OF
APPROXIMATELY 2.53 ACRES TO BROADWAY VILLAGE BUSINESS
HOMES, L.P., AND THE PROPOSED DEVELOPMENT OF SAID PROPERTY
INTO A 36-UNIT MIXED-USE BUSINESS HOMES PROJECT, SUCH PUBLIC
HEARING TO CONSIDER THE FOLLOWING SPECIFIC PROPOSED ACTIONS:
1. Review and adoption of Mitigated Negative Declaration and
Addendum IS-95-03
2. Approval of an amendment to the zoning map or maps established
by Section 19.18.010 of the Chula Vista Municipal Code by
rezoning the 2.532 acre parcel located at 760 Broadway within the
Southwest Redevelopment Project Area from CoT (Commercial
Thoroughfare) to C-C-P (Central Commercial with Precise Plan)
3. Issuance of a Special Use Permit to construct a 36-unit
commercial/residential mixed-use project with Shared Parking
Agreement
4. Approval of a Precise Plan to allow construction of a 36-unit mixed-
use project including associated site improvements
5. Approval of a Disposition and Development Agreement between the
Agency and Joelen Enterprises
CITY COUNCIL f1~pOLUTION Y/1 to tf AND REDEVELOPMENT AGENCY
RESOLUTION '<-tV>OADOPTlNG MITIGATED NEGATIVE DECLARATION
AND ADDENDUM IS-95-03 FOR A 36-UNIT BUSINESS HOMES PROJECT
AT 360 BROADWAY
ORDINANCE .2.. ~ .5 ~ AMENDING THE ZONING MAP OR MAPS
ESTABLISHED BY SECTION 19.18.010 OFTHE CHULA VISTA MUNICIPAL
CODE BY REZONING THE 2.53 ACRE PARCEL LOCATED AT 760
BROADWAY WITHIN THE SOUTHWEST REDEVELOPMENT PROJECT AREA
FROM CoT (COMMERCIAL THOROUGHFARE) TO C-C-P. CENTRAL
COMMERCIAL WITH PRECISE PLAN
RESOLUTION / ~ 0/ MAKING CERTAIN FINDINGS AND GRANTING
A SPECIAL USE PERMIT FOR THE DEVELOPMENT OF A MIXED-USE
PROJECT KNOWN AS THE BROADWAY BUSINESS HOMES PROJECT.
LOCATED AT 760 BROADWAY WITHIN THE SOUTHWEST
REDEVELOPMENT PROJECT AREA TO BROADWAY VILLAGE BUSINESS
HOMES, L.P.
1-/
D. JOINT
AGENCY
AND
COUNCIL
SUBMITTED BY:
REVIEWED BY:
..,.....
Page 2, Item .!ie.., ~, c.., J
Meeting Date ;i:/;~
C(.~ J7'1t.S ~ ~"'c.l -
RESOLUTION 1'f(P2.... APPROVING A PRECISE PL N FOR THE
BROADWAY BUSINESS HOMES PROJECT AND A DISPOSITION AND
DEVELOPMENT AGREEMENT WITH BROADWAY BUSINESS HOMES, L.P.,
AND AUTHORIZING THE CHAIR TO EXECUTE SAME
Community DeveloPTJf)Director C~:ti~
Director of Planning'(l - tr' ~~ W'
Executive DirectoB
t
(4/5ths Vote: Yes
Council Referral Number:
NolLl
BACKGROUND: The City Council and Redevelopment Agency are requested to hold the requisite
public hearings and take the actions necessary to approve the Broadway Business Homes Project
and authorize execution of a Disposition and Development Agreement CODA) with Broadway
Business Homes, L.P., (Josef and Lenore Citron) for the development of the project. Actions
required include a zoning change for the project site from Thoroughfare Commercial (C-T) to
Central Commercial-Precise Plan (C-C-P); a Special Use Permit with Shared Parking Agreement to
establish the mixed-use project; and approval of a Precise Plan with Conditions for development
of the Project and approval of a DDA, and sale of the property without public bidding. All of these
acti.ons are further described in this report.
RECOMMENDATION: That the City Council and Agency hold the requisite public hearings and
take the actions necessary as outlined above to approve the Broadway Business Homes Project
and authorize the sale of Agency property to develop the project.
BOARDS/COMMISSIONS RECOMMENDATION: The following actions and recommendations have
been forwarded to the Council/Agency pursuant to the Broadway Business Homes Project by the
Planning Commission, Southwest Project Area Committee, Design Review Committee and
Resource Conservation Commission:
Planninll Commission
At their meeting of June 14. 1995. the Planning Commission adopted the Mitigated Negative
Declaration and Addendum !S-95-03 and adopted (with one abstention) 4-0-2-1 Resolutions PCZ-
95-A and PCC-95-23 recommending that the City Council approve the rezoning and Special Use
Permit with Shared Parking Agreement required by the project subject to a Disposition and
Development Agreement being approved (see Minutes, Exhibit A). The minutes of the Planning
Commission will not be transcribed by the date of this meeting, but can be forwarded under
separate cover upon request.
Southwest Proiect Area Committee
The Southwest Project Area Committee attempted to hold a meeting on the project on May 26,
1995 but did not have a quorum (only 3 members attended, 5 are required for a quorum).
However, the members present discussed the project at length and determined the following:
. The project has a number of risks, including the location, owner occupancy
requirement, shortage of parking, and layout of commercial spaces.
1- 2
Page 3, Item 4 to, I ~ , c., J.-.
Meeting Date ~
The project was substantially deficient in useable open space. fl / IJS
.
.
The development of the project in stages is a benefit and allowed testing of the
market before the project is built out.
The nine-member Committee is presently short by three members with one of the six members not
attending for some time, thereby effectively having four vacancies. As the Council may recall,
action was taken to redefine the overall role and function of the Project Area Committees (PACs)
as part of the "Permit Streamlining" efforts. In order to formalize this action, the City Attorney's
Office, in conjunction with the Community Development Department, will be bringing forward a
Municipal Code Amendment that will formally bring the three PACs into the City's "filmily" of
Boards and Commissions. As part of the Ordinance, it is proposed that the Southwest PAC be
reduced from nine members to seven members, thereby reducing the number of actual vacancies
from three to two. Due to the pending Ordinance amendment (and the seating arrangements) staff
felt it would avoid confusion by waiting until the Ordinance amendment is adopted before
requesting the council fill the vacancies. The amendment to the Boards and Commissions
Ordinance should be presented in August 1995.
Desion Review Committee (DRC)
On May 22, 1995, the DRC reviewed the project design in preliminary form and expressed some
concern about the lack of common useable open space traditionally found in multi-family projects.
Based on the project's unique and urban qualities. however, the DRC endorsed the design as
presented, but recommended additional outdoor amenities to compensate for the lack of common
open space.
A revised design was considered by the DRC on June 26, 1995. The DRC approved the project
design with conditions. The minutes of both meetings and the recommended Conditions of
Approval are attached as Exhibit B.
Resource Conservation Commission (RCC)
The Resource Conservation Commission considered and recommended approval of the Mitigated
Negative Declaration and Addendum, IS-95-03 at their meeting of June 26. 1995. The minutes
are attached as Exhibit C.
DISCUSSION:
The Broadway Business Homes Project includes the development of 36 townhomes on the former
Fuller Ford site located at 760 Broadway. Each unit includes approximately 500-600 square feet
of commercial/office space on the ground floor with 1500 square feet of living area above. These
units will be marketed to business owners who wish to live and work at the same location.
The proposal requires a change in zoning on the project site from Thoroughfare Commercial (CT)
to Central Commercial-Precise Plan (C-C-P) which allows a mixed-use (residential/commercial)
project with a Conditional Use Permit (Special Permit in redevelopment areas).
The project also requires approval of the project and a Disposition and Development Agreement
(DDA) conditionally approving sale of the property. A public hearing is required pursuant to
Section 33433 of the Community Redevelopment Law.
Since the project site is being sold without competitive bidding. a public hearing pursuant to
Section 33431 of the Community Development Law must also be conducted.
1-3
Page 4,Item 4 4-.b J tiel
Meeting Date
,?J 1/95
The following more fully describes the project and explains each action the Agency is e lrested
to take.
,
DESCRIPTION OF PROJECT
Zone Chanaes and Soecial Permit
The 2.53 acre site is located on the west side of Broadway, between J and K Streets (see Locator
Map, Exhibit 01. It was previously occupied by the Fuller Ford automobile dealership and contains
several vacant structures and asphalt paving. A masonry wall separates the site from the westerly
adjacent residences.
The property is bounded to the north by a tire store, to the south by a one-story motel, to the east
by Broadway, and to the west by single family dwellings located approximately 4-10 feet lower
than the project site. Adjoining General Plan designations and zoning districts are as follows:
General Plan
Zonina
Site
North
South
East
West
Retial Commercial
Retail Commercial
Retail Commercial
Retail Commercial
Low Density Residential
COT Thoroughfare Commercial
CoT Thoroughfare Commercial
C-T Thoroughfare Commercial
CoT Thoroughfare Commercial
Single Family Dwellings
Prooosal
The proposal calls for 36 individually-owned three-story business home units featuring a 500-600
square foot commercial space at the lower level, with a 1,500 square foot two-story living space
directly above. A loop road located along the perimeter of the property, as well as a single dead-
end drive off Broadway, provide access to the residences, each of which is served by a single-car
garage and either a tandem or open parking space (see Project Plans, Exhibit El.
The commercial shops are situated around two separate parking areas oriented toward Broadway.
The two parking lots provide a total of 80 parking spaces to serve the 18,000 + square feet of
total commercial floor space proposed. Three landscaped passageways provide pedestrian access
between the commercial and residential "sides" of the project, whereas vehicular access and
parking is exclusive to each component.
Open space consists of an 80-100 square foot private patio for each dwelling unit, plus lawn areas
along the residential loop road. and visual focal points featuring trellis structures and seating at
several locations. Landscaping is provided along the frontage of the shops, within the parking lots
and pedestrian passageways. as well as at three locations along the rear property line. A 4-5 foot
high masonry wall is proposed to be retained and supplemented where necessary to separate the
project from the residences to the west.
The Business Homes proposal includes several requested precise plan deviations from typical
development standards. These include a reduction in usable open space by approximately 25%.
a reduction in the setback along Broadway from 25 feet to 4 feet, a reduction in total parking by
10 spaces under a shared parking arrangement, the use of 28 compact-commercial and 28
tandem-residential parking spaces, and a modest reduction in vehicle back-up and maneuvering
areas from 24 feet to 21 feet along the residential loop road.
4-'(-
Page 5, Item 4 W, b , G, J
, . . . Meeting Date e1~J~/1.7'5
Some of these requested deviations are at least partially based on the constraints of the site in/;
relation to,the unique qualities of the project, but many are also based on the proposition that the
Business Homes will be owned, occupied and operated by the same individual or family. The
commercial and residential spaces of each unit are internally connected and are intended to
function as a combined living and working space for the owner.
Development Criteria
Chula Vista Municipal Code Section 19.58.205 provides the following development criteria for
mixed-use projects:
1 . The Conditional Use Permit shall be subject to review and approval of the City Council
following the recommendations of the Planning Commission;
2. The commercial and residential components shall be planned and implemented together;
3. The maximum allowable residential density will be governed by the provisions of the R.3
zone based on the total project area, less any area devoted exclusively to commercial use,
including commercial parking and circulation areas. The approved density may be
significantly less than the maximum allowable density depending on site specific factors,
including the density and relationship of surrounding residential areas, if any;
4. Parking, access and circulation shall be largely independent for the commercial and
residential components of the projects. Each use component shall provide off-street
parking in accordance with City standards.
5. The residential component shall meet the private and common open space requirements
of the R-3 zone;
6. The Conditional Use Permit may include a restriction on commercial uses andlor business
hours in order to avoid conflicts with residential units.
In redevelopment project areas, the Special Use Permit replaces the CUP. The Special Use Permit
is reviewed by the Project Area Committee (PAC) which makes a recommendation to the Agency
for final action. The PAC thus takes the role of the Planning Commission in approving CUP within
project areas.
Public Input
On June 1, 1995, the Planning Department sponsored a public forum to familiarize surrounding
residents and property owners with the request and the planning process. Those in attendance
(approximately 10) generally appeared receptive to the proposal and welcomed the improvements
to the site. but concerns were expressed with the following:
1. Loss of privacy for the residents to the west and the desire for a higher wall along the
westerly property line;
2. Increased traffic if the commercial and residential components of each unit were rented
separately;
3. Adequate provisions for trash since both the residential and commercial components will
be served by trash cans rather than trash dumpsters; and,
1- s
. Page 6, Item ~C.I I
Meeting Date n""7:t,p"u::
The approval of tandem parking could set a precedent for other multiple family projects~!/7S
4.
,
In addition to the input received at the public forum, correspondence was received from an area
resident expressing concerns about the additional traffic, noise, and pollution, and also questioning
the need for additional retail commercial shops along Broadway. In other correspondence, the
residents of the three most southerly adjacent lots have requested that the existing 20 foot high
building wall located on the southwest property line be retained to reduce the noise and impacts
associated with commercial operations.
Analvsis and Recommendation
The existing Retail Commercial General Plan designation for the site allows for typical retail and
service commercial uses found in neighborhood and community shopping centers and on traditional
downtown shopping streets. It also allows for limited thoroughfare commercial retail and
automobile-oriented uses provided they constitute only a small portion of a planned commercial
development. The C-C Central Commercial zone is the City's basic retail and shopping center
zone, and thus the rezoning is considered consistent with the General Plan.
A mixed-use project can only be implemented in the C-C-P Central Commercial zone. This is due
to the fact that the uses allowed in the C-C zone are considered more compatible in conjunction
with residential use than the "heavier" automobile-oriented uses allowed in the C-T Thoroughfare
Commercial zone. The establishment of this C-C zone mixed-use development on what is
otherwise a thoroughfare commercial frontage is also not inconsistent with the historical use of
the C-C zone as a site specific shopping center or planned development district at other isolated
locations on Broadway as well as E Street and Third Avenue.
With regard to the mixed-use development criteria listed above, the Business Homes proposal
meets all of the criteria with the exception of total parking and open space. In relation to parking,
the proposed deficiency of 10 required spaces is more than compensated for by the reduction in
parking demand by 36 spaces under the shared parking concept, whereby the residential occupant
is also the commercial proprietor and thus does not require an additional parking space. A deed
restriction or other mechanism will be required to ensure continued single operator/occupancy.
The open space provided is approximately 25% less than what is typically required for a multiple
family project (400 square feet/unit). However, the project includes enhanced pedestrian walks
and attractive trellis structures with seating and decorative planting. Although the common space
is not up to parity with more traditional multi-family developments, the open space and amenities
provided are. in the opinion of the Design Review Committee. suitable for the intended urban
character of the project.
The development criteria also provide the ability to restrict commercial uses and/or business hours
in order to avoid conflict with the residential component. The proposed hours of operation are
from 8:00 a.m. to 10:00 p.m.. Monday through Friday, and 8:00 a.m. to 6:00 p.m. on Saturday
and Sunday. These hours have been incorporated into the conditions of approval as deed
restrictions. as has a list of prohibited uses which are allowed in the C-C zone but which are
believed to represent a potential conflict with directly adjoining residential.
In addition to total parking and open space, a noted above the proposal includes requested precise
plan deviations for the Broadway setback. the use of compact and tandem parking spaces. and
a reduction in vehicle back-up and maneuvering area. With the exception of the Broadway setback
reduction, which involves approximately 30% of the project frontage and which is not inconsistent
with established setbacks along the entire length of Broadway, these deviations are somewhat
tf-to
Page7,ltem ~"",b'~IJ.--
: , Meeting Date 1l~'~(9n,:" 01/
u(1 'IS
exceptional, but in the DRC's opinion considered supportable in terms of providing the opportunity
for a unique development concept which would otherwise likely not occur. .
Also, the single occupant/operator concept, coupled with the proposal for an exclusive single-
loaded loop road will tend to ameliorate the potential for conflicts. For example, the tandem
parking and reduced back-up/maneuvering issues only affect the residential units situated along
the loop road. Since this road is intended for the owner-residents only, any inconvenience
presented by utilizing tandem parking or by less generous maneuvering areas can be anticipated
and adjusted to by these owners and will not conflict with public parking or general circulation.
With respect to the issues raised by the public and not already discussed:
1. Traffic: The proposed project will generate approximately 1800 (ADT), or about 1,056 ADT
over the previous land use. According to the City Traffic Engineer, the additional traffic is
expected to be lessened by having the shop operators living and working within the site.
Broadway is anticipated to continue to operate at level of service (LOS) "C", which is consistent
with the City's threshold standard.
2. Noise: An acoustical study analyzed two on-site concerns: the noise generated by the
commercial activities impacting the westerly adjacent neighborhood, and the exposure of the
proposed residential units to the noise generated by traffic along Broadway. The study
recommends the following items to reduce the noise impact and these have been incorporated into
the Negative Declaration as required mitigation measures:
· Maintain a minimum 5 foot high masonry wall along the west property line.
· All windows facing east on the four frontage units shall incorporate dual pane
windows rated a minimum of STC-25.
· A mechanical ventilation system capable of 2 air exchanges per hour shall be
incorporated into all of the living units.
By incorporating this recommendation into the conditions of approval, the noise levels will be well
within the City's standard.
3. Privacv: The Chula Vista Municipal Code requires a 6 foot high masonry zoning wall along the
property line abutting residential districts. The intent of the wall is to screen and buffer residential
uses from the noise and activities associated with commercial zones. Several of the residents at
the public forum expressed a desire for a higher g-, 0 foot wall to further ensure their protection
ad privacy, even to the extent that three of the residents desired to retain the 20 foot high wall
of a vacant building at the southwesterly corner of the site.
Although the 20 foot high building wall cannot be retained. a higher wall up to 8-10 feet could
provide more protection and a greater sense of privacy. A wall of that height, however, can be
imposing, and may not be acceptable to all of adjoining residents. As a result, we have included
a condition which requires that the applicant meet with the westerly adjacent residents to
determine the desired wall height.
4. Trash: The proposal is to use trash cans rather than trash dumpsters to serve the entire
project. Normally trash cans are only acceptable in the case of smaller residential projects of four
units or less. This issue has been addressed by the DRC in an attempt to incorporate one or more
dumpster enclosures into the project.
t.f-7
Page 8, Item ~c.., ~J (.., d..-
Meeting Date fl; ':l~.Al ,I, I.
. ".9;/1 'IS
For the reasons outlined above, staff is recommending approval of the proposal based on the
findings and subject to the conditions contained in the City Council Ordinance for the zone change
and resolution of the Agency granting the Special Permit. .1
APPROVAL OF SALE OF AGENCY PROPERTY:
SECTION 33433 PUBLIC HEARING
The sale of Agency property acquired with tax increment funds requires a noticed public hearing
and approval by the Legislative body and the preparation of a report describing the terms and costs
of sale including, if appropriate, a description and justification of any subsidy given to the project.
The report must be made available to the public at the time of publication of public notice of the
meeting. A public hearing has been advertised for tonight's joint council! Agency meeting. The
report has been prepared and is incorporated in the following section:
SALE WITHOUT COMPETITIVE BIDDING:
SECTION 33431 PUBLIC HEARING AND
APPROVAL OF A PRECISE PLAN AND A
DISPOSITION AND DEVELOPMENT AGREEMENT
Under Community Redevelopment Law, lease or sale of Agency property may be made without
public bidding. but only after a public hearing properly noticed and advertised.
The project is proposed to be sold to the Developers without public bidding because of the unique
nature of the project and its impact upon the removal of blight in the area. Therefore, the Agency
is requested to hold a public hearing pursuant to Section 33431 of the Community Redevelopment
Law. The public hearing has been advertised in the Star News.
The Developer's offer on the property was unsolicited. The Agency has received three additional
unsolicited offers to purchase property. One from Jim Courtney preceding the Citron's offer for
a portion of the site; a second offer from Courtney to purchase the entire site (buildings in place),
for $700,000 after designation of the Citrons; and an offer from Mario Estalano on June 6, 1995
to purchase the entire site, buildings in place. for $800,000.
Precise Plan
Staff has been working with the developer and their architect to resolve problems and work out
details of the plans for the project since late in 1994. The project has improved considerably from
early designs to the plans which were submitted to the DRC on June 26. 1995. The plans. as
recommended for approval by the DRC with Conditions, constitute the Precise Plan which, when
approved by the Agency, will be a part of the DDA and govern the development of the project.
The plans are attached (see Exhibit E) and the Conditions of Approval as recommended by the DRC
appear under Exhibit B.
Terms of Sale
The Disposition and Oevelopment Agreement (DDA) attached as Exhibit G, contains all of the
terms of sale of the property located at 760 Broadway. Adoption of Resolution "0" will also
approve the OOA in substantially the form presented. The major terms of the ODA are described
below.
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1. Purchase Price
Page 9, Item 44.'~1 t,L-
Meeting Date ^-~-" 05')/,95
The purchase price for the 2.5 acre site will be no less than $550,000 ($5/square foot). The
Developer will also pay up to $20,000 in soil testing and remediation costs. The project will be
developed incrementally and in phases. The purchase price will be paid proportionately to the
amount of property purchased in each phase. There shall be no more than three phases.
In addition, the Agency will be entitled to recoup demolition and soils testing costs up to
$124,000 from a share of any excess profits from the project. Excess profits are described as
funds accruing from the sales of the units in excess of funds necessary to retire debt, and return
investors equity plus a maximum 20 percent return per annum. The Agency will be entitled to
receive up to 30 percent of excess profits until the demolition costs up to $124,000 are received.
2. Right of Reverter
If the developer fails to develop the project as contemplated under certain terms and conditions,
the Agency has the right to take back any parcels transferred subject to any approved financing
secured by the parcel.
3. The Project
The Developer will be obligated to develop the site into 36 "business homes" which the Developer
will offer for sale as separate legal parcels. The average selling price per business home is
currently estimated at $231,000 but will ultimately be determined by market forces and is not
governed by the DDA.
4. Joint Commercial/Residential Occupancy Requirements
The properties will be transferred subject to deed restrictions which mandate that businesses in
the commercial portions of the units can only be operated by the legal occupants of the residential
portions of the units. Residences and businesses cannot be separately leased out.
5. Alley Dedication
The Developer will dedicate the alley servicing the residential side of the business homes to the
City as a public alley.
6. Dedication of public parking areas and open space
The Developer will dedicate public parking areas for commercial units and open space including
sidewalks, landscaping, benches, play equipment, etc. to the City as part of the Parcel Map
process. An assessment district will be formed by the City for the purpose of assessing
homeowners the full costs of maintaining these areas including the funding of public liability
insurance. While the DDA cannot bind the City to form such a district, it does bind Agency staff
to present such a district for City consideration and approval.
7. Proof of Financing
The Developer must present satisfactory proof of financing for the construction and purchase of
the Business Homes before transfer to the Developer of the site by the Agency.
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8. Marketing Study
Page 10, Item 4A.,~II..,cl
Meeting Date Fl T ~l.~ ..
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The Developer must submit evidence of marketability of the business homes to the Agency before
transfer of the site by the Agency.
9. Payment of City Fees
The Developer will pay full City fees for plan review and permits. Because of the unique nature
of the mixed-use project, the City will, where necessary, develop specific formulas for the
determination of fees so that the Developer will not be "double charged" for the residential and
commercial components of the project.
10. Restrictive Covenants (CC&Rs)
The Developer will prepare restrictions on the use and occupancy of the business homes in the
form of CC&Rs and/or deed restrictions which will be recorded. The restrictions will indicate the
types of businesses which will be allowed and disallowed, require joint ownership and/or
occupancy of the residential and commercial portions of each unit and establish other use and
maintenance standards.
11. Staging of Development
The Developer plans to construct six contiguous business home units (one complete building) in
the first stage of development. Depending upon market response, the Developer plan to construct
the remainder of the project in one or two phases. The Project will not be developed in more than
three phases.
Cost of the Aoreement to the Aoencv/City
The following are costs associated with the acquisition, maintenance and clearance of the property
which is required to be disclosed under Community Redevelopment Law.
1. Acquisition Cost
The Agency acquired the property located at 760 Broadway as part of the Auto Park Project. The
cost of acquisition was $1,900,000.
2. Demolition
The cost of demolition of the existing buildings on the site is estimated as follows:
Contract Amount
Staff (design and inspection)
Contingency (Approx. 10%)
Total
$89,417
8,683
8.900
$107,000
3. Soils Testing/Remediation
Because of the former use of the site as an auto dealership (auto sales and repair!. it was
considered prudent to test the soils to determine if any contamination has occurred. The cost of
testing and remediation of contaminated soils is estimated to be up to $57,000. This cost is to
be paid as follows: the Agency will pay for pre-demolition testing which will cost $17,000; the
Developer will pay the next $10,000; the Agency will pay the next $10,000; the Agency and
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Page 1", Item 4 /)." k, c, cl
Meeting Date J..... S
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Developer will equally split the next $20,000 of costs (if any). If testing and remediation costs..
exceed $57,000, the parties will meet to determine if they are to proceed with the pr6ject and,
if so, who will bear these additional costs. Therefore, it is possible that the Agency could bear
some share of costs in excess of the $37,000 share already agreed and be forced to pursue legal
action against previous property owners to recover these costs.
4. Property Maintenance Costs
The costs of boarding up and maintaining the property since the vacation by the previous
owner/occupant, Fuller Ford, is estimated at $3,000.
5. Escrow Costs
The Agency will pay normal and customary costs associated with escrow and closing in excess
of $3,000.
6. Total Cost of Sale (Total of items 1-6 above).
The total cost of sale is estimated at $2,037,000 plus the seller's usual and customary escrow
costs.
Estimated Fair Market Value of Interest to be Conveved
Estimated fair market value of the property is between $750,000 and $800,000. The highest and
best use of the property permitted under the redevelopment plan is for commercial reuse. The
property is currently zoned Thoroughfare Commercial (CT) which allows a wide range of general
commercial uses including auto sales and repair.
Staff's estimate of the value of the land being conveyed is based upon the two backup offers for
the property which have been received with existing buildings in place. These offers are
$700,000 and $800,000. The offerors each propose use of the site as an auto service after the
rehabilitation and remodeling of the existing buildings.
Estimated Reuse Value of Interest Conveved
The estimated reuse value of the property is $570,000.
The proposed Business Homes Project requires the clearance of buildings and rezoning the site to
Central Commercial (CC). This zone allows mixed-use projects such as the one proposed, whereas
the CT zone does not. The CC zone also allows a wide variety of commercial uses including minor
auto maintenance and repair as a conditional use.
The Developer has offered to pay $550,000, or $5/square foot, plus an additional $20,000 for
soils testing for the property for the purpose of developing the Business Homes Project. Staff
estimates that the site, cleared and rezoned CC, would be valued as high as $600.000 to
$650,000 for commercial development. However, the business homes development is a mixed-
use project with only a total of approximately 21,600 square feet of business use and
approximately 66.000 square feet of residential use. Property values for residential uses are
generally lower than those for commercial uses. Since the proposed project is unique and without
precedence, there is no comparable market information on land values. Furthermore, there will
be a number of restrictions on the project which impact the reuse value. These include use and
occupancy restrictions, assessment district costs for maintenance of common areas, and an
untested market demand. This project is, consequently. very risky. The reuse value of land for
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Page 12, Item~, cl,
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this project is thus estimated to be less than the fair market value of $600,000 - $650,000 for
the vacant land for straight commercial use. Based upon the restrictions on this project, the high
degree of risk and untested market demand, a fair reuse value for this project is estimated at
$550,000-$600,000. The Developer has offered to pay $550,000 for the property and an
additional $20,000 in site testing costs for a total consideration of $570,000. This figure is
considered within the range of fair reuse value.
The Developer's pro forma indicates a return on investment of 40% over a two year period. This
return is not considered excessive in light of the risks associated with the project. However, the
pro forma is based upon the Developer's cost estimates and contingency of $444,000. If costs
are inflated, the contingency is unused and/or the Developer is able to increase sales prices for the
units, profit margins may increase considerably. Consequently, under agreement with the
Developer, the Agency will receive 30% of the aggregate sales amount for all of the units above
40 percent return on investment equity over two years. In this manner, the Agency may recoup
demolition and initial soils testing costs.
Elimination of Blioht
The project will eliminate blight in the redevelopment area as described below.
. The Business Homes project represents the total redevelopment of the site which
will remove unattractive, economically obsolete structures which are poorly
situated on the site and replace them with a modern, planned, attractive mixed-use
development which will greatly enhance the appearance of the area.
. The project represents a change in the historic land use along this section of
Broadway which has largely been auto sales and service related. While many of
these businesses have been successful in the past, their age, proliferation, lack of
proper planning and under-utilization of property presents a visual and economic
blight in the area. These land uses need to be replanned and/or redeveloped to
provide a modern, attractive, and economically viable urban environment.
. The proposed Business Homes Project will stimulate further redevelopment of
economically obsolete land uses along this section of Broadway.
. The Business Homes Project satisfies the needs of a growing niche housing market
by providing a unique, new, mixed-use housing product not presently available in
the marketplace.
. The project will also add an estimated $50,000 in annual property tax increment
and an additional $30,000 to $40,000 in sales tax revenue.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has conducted an initial Study, 15-95-03, with Addendum
of possible environmental impacts associated with the project. Based on the attached Initial
Study, Addendum and comments thereon, the Environmental Review Coordinator has concluded
that there would be no significant environmental effects and, therefore, recommends adoption of
the Mitigated Negative Declaration issued on 15-95-03, attached hereto as Exhibit F.
FISCAL IMPACT: The Agency paid $1.9 million for this portion of the Fuller Ford site proposed
for the business homes project. The Developers are proposing to pay the Agency approximately
$500,000 ($5.00/square foot) for this 2.5 acre site. in addition, the Developers will pay up to
1-/y
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Page 13, Item I
Meeting Date 07T11/!l!l
1/ r _I 4S".~/
$20,000 towards soil testing and remediation. Demolition of the Ford dealership structures is <7'/"1 'S
estimated at $107,000. The Agency will also be eligible to recoup demolition and soils testing
costs up to $124,000 from excess profits accruing from the project. Total costs of sale, including
demolition, property maintenance and soil testing, have been estimated earlier in this report as
$2,037,000.
Assuming the project is built out and 36 business homes are sold, the Agency will receive
approximately $47,000 in tax increments from the project which will increase by approximately
2%/ year. In addition, some of the businesses will generate sales tax revenues, although the
amount is difficult to estimate at this time. Based upon half of the units used for commercial
sales, $30,000-40,000 in sales tax revenues to the City is estimated.
Attachments:
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Exhibit E:
Exhibit F:
Exhibit G:
Resolutions:
Item 4.A
Item 4.B
Item 4.C
Item 4.D
Item 4E:
Planning Commission Minutes. June 14, 1995
DRC Minutes, May 22, 1995, June 26, 1995 and Conditions of Approval
RCC Minutes, June 26, 1995
Locator Map
Project Plans
Mitigated Negative Declaration and Addendum 15-95-03
Disposition and Development Agreement
City Council Resolution 17964/Redevelopment Agency Resolution 1460
City Council Ordinance 2636
Redevelopment Agency Resolution 1461
City Council Resolution 17965/Redevelopment Agency Resolution 1462
Staff Report starts on PaQe 4-157
M:IHOMEICOMMDEVIKASSMANIBUSHOMES.113
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4-21
4-33
4-35
4-39
4-45
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Excerot from Draft Planning Commission Minutes of 6/14/95
ITEM 3:
PUBUC HEARING: CONSIDERATION OF THE FOLLOWING
APPUCATIONS FOR THE "BROADWAY BUSINESS HOMES" PROPOSAL,
FILED BY JOSEF AND LENORE CITRON FOR 2.53 ACRES LOCATED AT
760 BROADWAY WITHIN THE SOUTHWEST REDEVELOPMENT
PROJECT AREA
A) PCZ-95-A; REZONE FROM C-T THOROUGHFARE COMMERCIAL
TO C-C-P CENTRAL COMMERCIAL WITH PRECISE PLAN
B) PCC-95-23; CONDITIONAL USE PERMIT TO ESTABUSH A 36 UNIT
MIXED-USE COMMERCIAURESIDENTIAL PROJECT WITH
SHARED PARKING
Commissioner Tuchscher asked to be excused because of potential conflict of interest.
Associate Planner Hernandez presented the staff report. He noted that the applicant was
requesting to rezone the 2.53 acre site from C-T to C-C-P to allow the construction of a 36-unit
commercial/residential mixed use project, and that mixed use projects are permitted only in the
C-C zone with approval of a conditional use permit. He went on to explain that the development
proposal called for 36 individually owned home/business units featuring a 500 sq. ft. retail floor
space at the lower level with a 1,500 sq. ft. dwelling unit directly above. The 36 individual
commercial shops amount to approximately 18,000 sq. ft. of retail space for which 80 parking
spaces had been provided.
Mr. Hernandez stated that the mixed-use project development criteria prescribed in the Zoning
Ordinance requires that the project be in compliance with parking and common open space. It
also requires that the access of the two components be independent from each other and allows
the restriction of some land uses to ensure a high level of compatibility. The project was in
compliance with the development criteria prescribed in the Municipal Code, except for parking
and open space.
With regard to parking, the 18,000 sq. ft. retail commercial floor space required 90 parking
spaces (10 less than what was being provided). However, because the residential occupant
would be the commercial component operator and parking for the residence provided separately,
the parking demand would be reduced by the number of units.
With regard to open space, Mr. Hernandez stated that typically multi-family residential projects
included a central usable open space. This project did not provide a central recreation facility
and, therefore, was deficient approximately 25% of the open space required. However,
enhanced pedestrian paving and decorative trellis structures had been incorporated throughout
the project to compensate for the open space deficiency.
1-/5
To ensure a high level of compatibility between the two components of the project, Mr.
Hernandez suggested that some uses shown in an exhibit in the Planning Commission packet not
be permitted. In addition to the total parking and open space deficiencies, Mr. Hernandez
indicated that the other deviations such as front building setbacks, use of compact and tandem
spaces, and a reduction in vehicle back-up and maneuvering area, which had been conceptually
endorsed by the Design Review Committee, were necessary to achieve the unique live and work
environment area.
With regard to the rezoning, since Broadway is a heavy commercial area, and features traditional
shopping centers and multi-family zones, staff was of the opinion that the proposed zone change
was consistent with the General Plan and that the zone change would not change the character
of Broadway, but would improve the existing conditions of the site and provide an alternative
way to conduct business and live at the same location.
He reported that at a public forum held on June 1, residents to the west were concerned about
lack of privacy. The applicant and staff agreed that a higher fence would somewhat mitigate
concerns regarding privacy. Approval of the Conditional Use Permit would allow the applicant
to raise the wall from 6 to 10 feet, subject to approval by the Design Review Committee and
with input from residents.
The residents and staff were also concerned that the units would be rented separately, since they
were not linked exclusively from the inside. Staff suggested that each title of the property have
restriction on the CC&Rs indicating that only the resident could be the operator of the business.
Commissioner Fuller asked about the loss of privacy to the residents of the west. She
questioned the location of the wall in reference to the loop road, and if the wall would be
immediately behind the residences. Mr. Hernandez indicated where the zoning wall would be
located.
Commissioner Fuller asked if the lO-foot wall would restrict the view. Mr. Hernandez
answered negatively and stated there was a 6-foot easement between the wall and the fence of
the property owner.
Commissioner Fuller asked if there was a security problem in the easement of 6 feet between
the wall and the fence. Mr. Hernandez replied that there was not.
Commissioner Fuller noted that Sweetwater Authority had some concerns regarding the
availability of water. Mr. Hernandez stated that water would be available. The water main
would be upgraded as part of the Broadway improvement.
Senior Civil Engineer Thomas reported that was a part of the upgrade. He did not have the
timetable.
Commissioner Salas stated there would not be enough water pressure in order to adequately
provide sufficient fire protection.
1-/-/(,
Mr. Hernandez stated that the problem had been resolved. The requirement had been reduced
to a lower GPM.
This being the time and the place as advertised, the public hearing was opened.
R. D. Frederick, 752 Riverlawn Avenue, had submitted a speaker's slip, but had left the
meeting.
Russell Gillis, 741 Riverlawn Avenue, speaking for himself, Bill Bond of 745 Riverlawn, and
William Hannai of 740 Riverlawn, said that this development was the best thing going on in this
area of Chula Vista. Regarding the wall issue, the residents agreed that the lO-foot wall would
insulate the noise, shield them from view, and also keep people out. No permanent structure
could be placed on the easement. He was using the easement for a garden. The residents
wanted the wall, and the Citrons had agreed to work with them.
Gary Cooper, 767 Riverlawn Avenue, said it had not been good having an auto dealership in
their back yard. He felt this project was a good step in the right direction and a good utilization
of the land. He said he spoke for other members of his family and his tenant. The people in
his block were in favor of the proposal. The Citrons had listened and responded to their
concerns.
No one else wishing to speak, the public hearing was closed.
Commissioner Salas asked if the restroom facilities on the first floor addressed the requirements
for handicapped. Mr. Hernandez replied that the business would be required to be handicapped
accessible.
Commissioner Willett suggested the Code needed to be looked at to come up with this new
concept. He did not think anything in the Code should hold up the project. He asked if the City
could enforce the conditions even though there were CC&Rs.
Ms. Moore stated that the City could be considered a third party to the CC&R process and could
enforce.
Commissioner Willett stated that the easement concerned him. He asked if the easement could
be used for planting trees. Mr. Hernandez stated that the utility easement was used for
telephone lines and that trees could obstruct access to the telephone poles.
Commissioner Willett asked if the utilities could be undergrounded and trees planted. Mr.
Hernandez answered affirmatively, but stated that since the utilities do not serve the proposed
project, there could not be a condition to require that they be undergrounded now..
Commissioner Salas said the CC&Rs stated that the resident of the building must be the operator
of the business. An individual or company could buy a unit and rent that unit out but the
operator of the business would have to be also the resident of the unit directly above.
J-f - /7
Mr. Hernandez replied that the whole concept was that the business operator and be the resident
of the unit above but not necessarily the owner.
,
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Commissioner Ray asked if the business operator would be precluded from subleasing the units.
Assistant City Attorney Moore stated that staff was working on a development agreement, and
a number of those issues would be raised. She was comfortable with the conditions in the
resolution and would be uncomfortable in expanding them.
Commissioner Willett stated that he supported the concept.
Assistant Planning Director Lee stated that the parking was based on 18,000 sq. ft. commercial
space. Some of these units would not be used as retail, but could be an office, etc. He noted
that the parking could overflow to the street.
Commissioner Salas stated that she was in support of the project. The City had to get away
from the idea of providing a certain amount of parking lots per unit. She was not concerned
with less parking.
Commissioner Ray asked if they were all four-bedroom units. Associate Planner Hernandez
answered that there were 30 four-bedroom units and six one-bedroom.
Commissioner Ray noted that they would need at least four parking spaces each for the four-
bedroom units.
Mr. Hernandez replied that the Zoning Ordinance requires only two spaces, based on the number
of bedrooms.
Commissioner Ray noted that the applicants would not use parking during business hours.
Assistant Planning Director Lee stated that parking lots would be used by residents during off
hours. He stated that it may have to be revisited later. If the parking worked and there was
some excess parking, staff may want to revisit. If business fails, staff did not want to leave it
vacant.
Commissioner Ray asked what happened if a business failed and they still wanted to live in the
unit. Are they prohibited in doing anything other than leaving the business vacant. Ms. Moore
answered affirmatively.
Commissioner Fuller questioned whether there could be some way to preclude that from
happening. If a business failed, could they be penalized in some way. Could there be some
way to protect the City, other than forcing the sale of the whole thing?
Commissioner Ray asked if there could be an inter-project condition that other residents and
business owners be required to report to the group as a whole.
Assistant City Attorney Moore stated that it be possible to incorporate something in the CC&Rs.
;f-If
MSC (WilIetUFulIer) 4-0-2-1 (Commissioners Tarantino and Thomas excused)
(Commissioner Tuchscher abstained) to adopt the amended resolution PCZ-95-A1PCC-95-23
recommending that the City Council approve the rezoning and conditional use permit in
accordance with the draft City Council Ordinance and Resolution and the findings and
conditions contained therein.
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1~2D
MINUTES OF A REGULAR MEETING OF THE
DESIGN REVIEW COMMITTEE
Mondav. May 22. 1995
4:30 p.m.
Conference Rooms 2 and 3
A. ROLL CALL
co
MEMBERS PRESENT:
Chair Spethman, Vice Chair Rodriguez, Members Way, and
Duncanson
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MEMBERS ABSENT:
Member Kelly, without notification
STAFF PRESENT:
Principal Planner Steve Griffin
Associate Planner Luis Hernandez
B. INTRODUCTORY REMARKS
Chair Spethman made an opening statement explaining the design review process and the
committee's responsibilities. He asked that all speakers sign in and identify themselves verbally
for the tape when speaking.
C. PRESENTATION OF PROJECTS
1.
DRC-95-35
Palomar Trolley Center
SWC Palomar & Broadway
Commercial Center & Four Freestandinl! Buildinl!s
Staff Presentation
Associate Planner Luis Hernandez presented the project, which consists of the second phase of
construction for the Palomar Trolley Center located on the south side of Palomar Street between
Broadway and Industrial Blvd. The proposal includes a 24,000 sq.ft. commercial center
addition, associated parking, landscaping, and other on-site and off-site improvements, and the
construction of four of the five freestanding buildings featured in the commercial center master
plan. Mr. Hernandez stated that the project meets all applicable zoning requirements, and noted
that staff recommended approval of the project subject to the conditions listed in the staff report.
Project Architect Dave Reinker of SGP A asked for clarification of the landscaping requirement,
questioning the necessity of parking screening solutions. He stated that the intent of the current
landscaping plan was to maintain consistency with the existing landscaping program. Mr.
Hernandez responded that the priority would be to blend the new landscaping with the existing.
Mr. Reinker further questioned a memo from the Engineering Department regarding Broadway
improvements; Principal Planner Steve Griffin pointed out that this memo was informational
only, and that the comments questioned were not conditions of the Design Review Committee's
approval.
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DESIGN REVIEW COMMITTEE
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MAY 22. 1995
Committee Comments
Member Rodriguez asked if pedestrian access would be provided from the corner of Palomar
and Broadway, pointing out that people might cross the landscaping at that location to gain direct
access, and that any access points for pedestrians should be differentiated from the asphalt of
the parking lot. Mr. Reinker stated that access was provided closer to the drive entrances, and
would probably utilize concrete. Member Way questioned the proposed signage, noting that
some of the existing signs appear to have letters that are quite large. Mr. Griffin stated that
there is an existing sign program for the commercial center. He acknowledged that some of the
signage does appear large, but added that all of the signage was previously approved by this
committee.
MSUC (Spethm~nlWay) (4-0) to approve DRC-95-35 subject to the conditions in the staff report,
modifying condition "b" to add language indicating that the new landscaping shall tie in with
Phase I landscaping design, utilizing like-size plants and materials.
2.
DRC-94-38
Broadwav Plaza
SEC Broadwav and SR-54
New Freestanding Sil!n
Staff Presentation
Associate Planner Hernandez introduced the proposal, noting that the commercial center to be
located at the southeast corner of Broadway and SR-54 had been previously approved by the
committee in July 1994. At that time, the committee had also approved an associated planned
sign program which included a freestanding sign along SR-54. Mr. Hernandez noted that the
currently proposed freestanding sign is the same height (50') as that previously considered, and
is architecturally compatible with the commercial center. Therefore, staff recommended
approval of the freestanding sign, subject to the conditions that the bottom sign panel be
modified to a single undivided panel and the sign shall be of a solid background with internally
lit routed letters.
Project Architect James Leary representing Gatlin Development requested that the bottom panel
be divided either horizontally or vertically (but not both) to allow two tenants to be identified.
He stated that although the identification of center, Broadway Plaza, did not constitute
identification of a tenant, it could be deleted if necessary to allow the naming of tenants as
requested.
Committee Discussion
Chair Speth man stated that he was concerned with the existing Walmart sign at I-80S and Palm
A venue, noting that the sign is very large and sits right on the freeway; he indicated that he
would not wish to see something similar here. Member Way acknowledged the developer's
desire to identify the center and tenants, but stated that he was concerned about the sign at its
proposed location and the visual appearance of these types of signs could from the freeway. He
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DESIGN REVIEW COMMITTEE
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MAY 22. 1995
noted that the view from the freeway is currently very clean and natural, and voiced concerns
about setting a precedent for future similar sign. Mr. Hernandez pointed out that the Dixieline
site, which is within National City's jurisdiction, will have such a sign and is beyond Chula
Vista's control; Mr. Leary added that the sign will enable motorists on the freeway to see the
site in time to move over and reach their freeway exits. Chair Spethman noted that the
committee had indicated similar concerns at its previous review of the overall project, but did
endorse the sign conceptually.
Member Duncanson stated that according to the minutes from the previous project consideration,
the applicant had stated that the identification of three major tenants on the freeway-oriented sign
would be acceptable. Members discussed the height as well as the design of the sign. Mr.
Hernandez informed them that the applicant had submitted flag test indicating that 80' was
needed to clear the bridges, but had not pursued this.
Member Rodriguez stated that he would prefer to see only the two anchor tenants identified;
other members agreed. Mr. Leary responded that it would look strange architecturally to have
only two horizontal panels, adding that such a limitation would be problematic, although a
limitation to three tenants would probably not be. After further discussion, members agreed that
the identification of three tenants was an acceptable compromise.
MSUC (Spethman/Rodriguez) (4-0) to approve DRC-94-38 subject to the conditions in the staff
memorandum.
3.
DRC-95-19
Broadway Business Homes
760 Broadway
Mixed Use Proiect (Preliminary Presentation)
Staff Presentation
Associate Planner Luis Hernandez introduced the project, advising the committee that the
presentation was intended to introduce the Broadway Business Homes project and obtain
preliminary comments from DRC members. He stated that the project is within the Southwest
Redevelopment Project Area, and will ultimately be considered by the Redevelopment Agency.
Mr. Hernandez noted that the project is consists of twenty-six units, each of which will include
retail commercial space below and a dwelling unit above. He added that the City does not have
standards to address many unique aspects of this type of project, and that numerous functional
and aesthetic details will have to be worked out during the review process. Mr. Hernandez then
introduced project architects C.W. Kim and Alan Turner to present the proposal to the
committee.
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DESIGN REVIEW COMMITTEE
-4-
MAY 22. 1995
ADplicant Presentation
Mr. Alan Turner stated that the intent of this presentation was to familiarize the Design Review
Committee with the project and obtain feedback prior to the formal project presentation. Mr.
C. W. Kim reviewed the modifications that had been made since the first submittal, noting
changes to the site plan and other aspects of the proposal that had been made in response to staff
comments. He noted that this project was unique, and was targeted at a very specific market,
namely those who wished to live and work within the single unit. Mr. Kim stated that the
developers had conducted numerous focus group interviews to determine the specific space and
accommodation needs of potential buyers. Additionally, he stated that there were no similar
projects to be found within the United States.
Mr. Hernandez advised the committee that the project site is being rezoned to Central
Commercial with a Precise Plan which is the only zone district that allows mixed use projects.
The Precise Plan modifier provides for deviations from certain code requirements. He stated
that, as indicated by Mr. Kim, several code requirements are not being met by this project; these
include parking, common open space, and building setbacks.
Mr. Kim proceeded to review the landscape plan, noting the various trees and other materials
to be used within the project. He then reviewed the building elevations, and further reviewed
the site plan.
Committee Comments
Chair Spethman stated that he was excited about the project but was concerned about the lack
of open space for residents, customers, and employees. He asked about outside seating areas,
and stated that he felt that outside open spaces were needed, perhaps in the form of small,
intimate spots or a central open space area or focal point. He stated that the landscaping shown
was good but noted that he would like to see more detailed information, adding that the triple-
trunk sycamores suggested are messy and have invasive root systems. Mr. Kim stated that he
expected to provide sitting areas under tall trees. Mr. Turner noted that in order to provide
more open space areas, the pedestrian walkway would have to be modified, addil1g that the site
plan is already extremely tight with little room for deviation.
Member Duncanson asked where the residents' trash enclosures would be located; Mr. Kim
stated that individual trash pick-up would be provided, adding that the loop road around the
perimeter of the project will be a public right-of-way and that parking areas will be kept up
through a maintenance district.
Member Rodriguez noted that mixed-use projects are different from typical commercial or
residential projects. He stated that the parking lots along the street frontage detract from the
urban feel of the project and make it appear more like a strip center; he noted that the inverting
of the "E" shape of the units would provide a more urban frontage. In response to member
Rodriguez's questions regarding colors and materials, a sample board was provided which
displayed a number of color options along with material samples. Mr. Kim stated that he
intended to mix stucco textures and colors in the building elevations.
1-21
DESIGN REVIEW COMMITTEE
-5-
MAY 22. 1995
Member Way stated that he was concerned about Broadway, noting the high turnover.
Additionally, he noted that the site lays out similar to a condominium project. Member Way
then asked what would happen if the businesses failed, or what would prevent a buyer from sub-
leasing the commercial space. Mr. Hernandez responded that a condition of approval would
require that the units owners must live in the residential unit and operate the commercial
business, and that this would be assured through deed restrictions as well. Mr. Kim added that
these spaces would typically not be retail, but would more likely be operated by single
practitioners such as accountants, travel agents, single hairdressers, and real estate professionals,
for example.
Mr. Kim further noted that the project would be built in two phases, with checks on the market
conducted throughout. He stated that fInancing had been secured for the fIrst phase which will
include six units, with the balance to be constructed in the second phase. He indicated that any
changes that should occur would not include a change in unit size, which is pre-determined.
- Members Way and Duncanson left the meeting at 6:38 p.m. -
Chair Spethman asked what will happen if phase I is not successful; Mr. Turner responded that
the property will revert to the City. Mr. Hernandez then outlined possible scenarios that could
take place if this happened.
D. STAFF COMMENTS
Mr. Hernandez stated that he would be mailing the Design Review Committee's proposed budget
to members, and would contact each individually for any comments they might have.
E. ADJOURNMENT
The meeting was adjourned at 6:48 p.m.
Patty Nevins, Recorder
q-~~
This page Blank
1-2~
EXCERPT FROM THE DRAFT
MINUTES OF A REGULAR MEETING OF THE
DESIGN REVIEW COMMITTEE
Mondav. June 26. 1995
4:30 p.m.
Conference Rooms 2 and 3
A. ROLL CALL
MEMBERS PRESENT:
MEMBERS ABSENT:
Chair Spethman, Vice Chair Rodriguez, Member Kelly
Members Duncanson and Way, with notification
STAFF PRESENT:
Principal Planner Steve Griffin
Associate Planner Luis Hernandez
B. INTRODUCTORY REMARKS
Chair Spethman made an opening statement explaining the design review process and the
committee's responsibilities. He asked that all speakers sign in and identify themselves verbally for
the tape when speaking.
C. APPROVAL OF MINUTES
Approval of the May 22, 1995 minutes was continued due to insufficient members of that meeting
present.
D. PRESENTATION OF PROJECTS
2.
DRC-94-19
Broadway Business/Homes
760 Broadway
Construction of a 36-unit Commercial/Residential
Mixed-Use Proiect
Staff Presentation
Associate Planner Luis Hernandez presented the project, which consists of the removal of all
existing structures and the construction of a 36-unit commercial/residential mixed-use project. He
noted that the project had been introduced to the committee at a preliminary presentation on May
22, 1995, and stated that a public forum had also been held on June 1, 1995 to familiarize
surrounding residents and property owners with the project and planning process as well as to obtain
input on the project.
Mr. Hernandez next reviewed the proposed site and building plans, stating that each unit contains
approximately 500 sq.ft. of commercial space with approximately 1,500 sq.ft. of living area above
each space. He noted that the proposal includes several requested deviations from typical
development standards. These include: a reduction in usable open space; a reduction in the front
building setback from 25 ft. to 4 ft.; the use of 28 compact and 28 tandem-residential parking
spaces; and a reduction in vehicle back-up areas from 24 ft. to 21 ft. Staff supported most aspects
of the project, but was uncomfortable with signage depicted and was recommending that a sign
program be returned separately for review. Mr. Hernandez advised that final approval authority
Ij-J7
DESIGN REVIEW COMMITTEE
-2-
JUNE 26. 1995
for the project rests with the Redevelopment Agency, and noted that staff recommended approval
of the project subject to the conditions stated in the staff report.
Committee Ouestions/Discussion
Chair Spethman questioned cutting back the area of the site's corner landscape nodes in order to
create parking spaces, citing concerns with eliminating any landscaping or open space areas.
Member Kelly agreed, stating that it was preferable to maintain the residential parking as depicted
rather than lose landscape areas to accommodate the parking.
Member Kelly asked what types of businesses would be locating within the project. Applicant Mrs.
Lenore Citron stated that retail businesses would be outlined in a list of acceptable land uses within
the project. She stated that although office uses had been considered, focus group participants had
indicated that they would prefer a completely retail center as office-type uses present a somewhat
boring setting. She added that there were more than sufficient variety in the types of retail
businesses that could locate here, adding that the intent was to limit the businesses to just one of any
given product-type category.
Mr. Josef Citron stated that the time is right for this type of project, as one of the fastest growing
business segments is the home-based business. He stated that this building product will allow people
to operate a business from their homes conveniently and legally. Mr. Citron added that this project
cannot be accomplished according to established regulations; it is intended to be market-driven, and
will therefore provide what potential buyers need, with a price range starting at under $200,000.00.
Member Kelly asked if buyers are willing to buy this product at this particular location; Mr. Citron
responded that they would not only because of the price, but also because this is the only product
of this nature available. He added that this is intended to be a pilot project which will lead to other
similar developments.
Public Comments
Mr. R.D. Frederick of 752 Riverlawn Avenue stated that he was concerned about parking and
storage issues. He stated that the commercial spaces are too small to provide for storage; therefore,
garages will become storage spaces and parking problems will develop. Mrs. Citron stated that the
CC&R's will include a provision that garages must be utilized for vehicle parking. Project Architect
C.W. Kim pointed out that additional storage areas are provided on the floor plan in areas
designated for optional usage. He added that areas such as spaces under stairs also provide natural
storage opportunities. Mr. Frederick stated that no one will enforce the CC&R's and resident
parking will end up in the commercial parking area. Mr. Hernandez advised that this committee's
purview included project design, but not land use issues within the project. He reviewed the
approval process and the opportunities for public input at the Planning Commission and
Redevelopment Agency hearings.
Mr. Gary Cooper of 767 River/awn Avenue stated that he represents eight families on his block who
support the proposed project. He noted that the only initial item of concern had been that of noise
and privacy, but added that the developers had been very cooperative and were providing a wall tG
buffer the project. He stated that the project would be an asset to the Broadway area, and reiterated
his support of the project. L-j -;2.?
DESIGN REVIEW COMMITTEE
-3-
JUNE 26. 1995
Committee Discussion
Member Rodriguez asked if the loop road would be asphalt; Mr. Citron stated that it would be
concrete, per City standards. Member Rodriguez stated that there should be a connection from the
landscaped site corners to the project itself. Mr. Kim stated that the concrete could be scored, but
added that this would a public street and that public works generally discouraged textured paving
for such areas. Member Rodriguez pointed out discrepancies between the colored renderings of the
site plan and landscaping and the landscape plans submitted. He stated that the project was
exceptional, but that the lack of landscaping in the central parking areas made them appear as any
strip center and was inconsistent with the rest of the project.
Chair Spethman asked what other members thought about the trellis elements depicted along the
Broadway frontage of the site. Members Kelly and Rodriguez felt that they were desirable, and all
members agreed that the encroachments into the setback area required for the structures were
justified. It was also agreed that signage should not be incorporated into the trellis structures, and
that a separate sign program should be presented for the project. Member Rodriguez stated that wall
signage especially should be more unique than that depicted on the elevations.
MSUC (Spethman/Rodriguez) (3-0) to adopt Negative Declaration and Addendum IS-95-03.
MSUC (Spethman/Rodriguez) (3-0) to approve DRC-95-19 subject to the conditions listed in the
staff report with the following modifications: delete condition Of"; add condition "q" - "Directory
signage to be of a transparent material, located at center islands rather than on the trellis
structures. "; add condition "r" - "Trellises to be retained as presented, with the Design Review
Committee finding the proposed encroachments into setback areas to be justified. "
E. ADJOURNMENT
The meeting was adjourned at 7:20 p.m.
Patty Nevins, Recorder
J-/ -:J. 9
This page Blank
1-jtJ
DESIGN REVIEW COMMITTEE
CONDITIONS OF APPROVAL
A. Approval of this project shall be contingent upon approval of Conditional Use Permit
PCC-95-23 and Rezone PCZ-95-A.
B. All mitigation measures of Mitigated Negative Declaration 15-95-03 and Addendum
shall be adhered to and shall become conditions of approval.
C. Landscape and irrigation plans addressing a parking screening solution shall be
submitted to the Planning Department for review and approval prior to or in
conjunction with the building permit submittal package.
D. The parallel tandem parking featured on all two story corner units shall be replaced
with a standard size stall within each of the planters featured at the northwest and
southwest corners of the parcel.
E. A parking screening solution consisting of a screening wall, closely arranged groups
of planting material or a combination of these two shall be provided along the street
frontage wherever parking is exposed to the public right of way.
F. Deleted.
G. An 18" concrete curb/step out strip shall be installed on all planting strips adjacent to
parking stalls.
H. A 5 foot high masonry wall shall be maintained along the west property line.
However, the wall height may be increased up to 10 feet subject to staff approval of
final design and materials.
I. All windows facing east on the four frontage units shall incorporate dual pane windows
rated a minimum of 5TC-25.
J. All units shall feature a mechanical ventilation system capable of 2 air exchanges per
hour.
K. All pedestrian walks within the commercial components and connections to the
residential area shall be decorative type. Paving pattern, design and color shall be
submitted to staff for review and approval.
L. A comprehensive planned sign program shall be submitted to the Design Review
Committee for consideration and approval.
M. Trash enclosures for two 30 gallon cans shall be provided for each unit.
N. All garage doors shall be equipped with automatic garage door openers.
-f- 3/
O. Additional trees shall be incorporated within the parking lots subject to staff review
and approval.
P. A detailed construction phasing plan showing adequate emergency vehicle access,
sufficient parking to support the commercial retail operations, internal circulation
landscaping and all the amenities for that portion of the project shall be submitted to
the Planning Department prior to issuance of any building permit.
O. Freestanding signs shall be of a transparent material and relocated to the landscape
area between the two driveways of each of the commercial parking lots.
R. Trellis structures shall be retained as shown in the conceptual design drawings.
[M:IHOMEICOMMDEVlKASSMANIEXHmrr.A]
q-3J--
MINUTES OF A SCHEDULED REGULAR MEETING
Resource ConselVation Commission
Chula Vista, California
6:30 P.M.
Monday, June 26, 1995
Conference Room # 1
Public Services Building
CALL MEETING TO ORDER/ROLL CALL: Meeting was called to order at 6:30 P.M. by Chair
Burrascano. City Staff Environmental Review Coordinator Doug Reid called roll. Present:
Commissioners Hall, Marquez, Thornburg, Clark. It was MSUC (Ha11IMarquez) to excuse
Commissioner Fisher, who had to work late; vote 5-0, motion carried.
APPROVAL OF MINUTES: It was moved and seconded (BurrascanolHa11) to approve the minutes
of the meeting of June 12, 1995, with corrections: On the first column of the list on page I, the
reference note after Hemizonia conjugens should be removed; the NOTE a( the bottom of the first
column should correctly read: " . . . the MSCP is attempting to solve will not be solved (streamlining
development projects by not requiring Section 7 consultations of the Endangered Species Act)."
Vote 4-0-1, Thornburg abstained because he was absent from that meeting; motion carried.
U
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ORAL COMMUNICATIONS: None.
NEW BUSINESS:
I. Scavaging Grant Approval-Michael Meacham was not present to discuss this item.
2. Review of Negative Declaration IS-95-03, Broadway Business Homes: After a brief
discussion, it was MSUC (Burrascanoffhornburg) to approve the negative declaration; vote
5-0, motion carried. A recommendation was made to consider the unreasonable safety hazard
to the residential units (i.e., potential fire hazard, electrical safety concerns) due to the type of
business adjoining the residential units. It is suggested the prohibitive types of businesses be
listed in the CC&R Concern was also expressed that a play area be set aside on the ground
level for children living within the units. A motion was made (ThornburglHall) to accept these
recommendations; vote 5-0, motion carried.
STAFF REPORT: Doug Reid reported on the Council's recommendations for the MSCP. The City
of Chula Vista is preparing a letter to the City of San Diego for further revisions to the plan.
CHAIRMAN'S COMMENTS: Burrascano noted there is still a vacancy on the RCC.
COMMISSIONER'S COMMENTS: Marquez and Clark still have not been contacted by the City
Clerk regarding their tenus of office which expires June 30, 1995. The RCC should be added to the
list of Commissions in need of members.
ADJOURNMENT: The meeting was adjourned by Chair Burrascano at 7:20 P.M.
Respectfully submitted,
EXPRESS SECRETARIAL SERVICES
'~~
"f- 33
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L(" -\TOR PROJECT BroaclwVlj Business CONDITIONAL USE PERMIT & ZONE CHANGE
(9 APl'UCANT, Homes .lIage
PROJECT 760 Broadway ~Uutl Rezone 2.53 acres al760 Broadway
ADDRESS: to a law the constrvdion of a 36 unit commercial
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JaKuary 13. 1995
Doudlls Reld
EftTlroftmeKtlll ReTlew CoordlR8tor
Ca.eN IS - 9S - OJ
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We, the followla~ resldexts of the 700 block of R1Terlawa ATe,
request that the curreat approxl_tely 20 foot high _11
ruxala~ aloa~ 76) aad 767 R1Ter1awa ATe be retal~d, aad, If
posslb1e,a1oa~ the eatlre property l1ae to protect' the ourreat
R-1 resldeats ~roa the adTerse aolse .ad traffic caused bT the
) 1/2 story Qoaaerolal deTelopaeat purpostd b7 Cltroa Rea11t7 &
IaTest.eat Corporatloa (tile I 15-95-0)). .
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'oUN ai&' Mary Cooper
767 R1Ter1awa ATe
~hllla ~: t!a \~1910
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i/ 74S R1Terlawa ATe
. Chllll Vista CA 91910
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Gary t:ooper
724 R1Ter1awa ATe
Chull Vista, CA 91910
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ATTACHMENT 5
NOISE ANALYSIS
This page Blank
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Giroux &; Associates
Eovironmeot.al Con ~tanl.S
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M.(C( 1 7 1995
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March 14, 1995
citron Realty , Development Corp.
C/O Coronado Bay Hotel Venture
Attn: Ms. Lenore s. citron: GP/OW11er
4000 Coronado Bay Road
Coronado, California 92118
Re: Businesshome Village Acoustical study
Dear Ms. Citron:
We have conducted an acoustical study for the former Fuller Ford
site at 760 Broadway in the city of Chula Vista. Ms. Susan Vandrew
from the Planning Department staff had identified two noise
concerns relative to development of the site as proposed. These
concerns were: .
1. EXposure of the rear yards of existing residents on Riverlavn
to excessive site activity noise, or,
2. Excessive on-site residential exposure to vehicular noiae from
Broadway traffic.
I
Given the previous use of the site for automotive and truck repair
and a body shop in close proximity to the Riverlavn hOlies, the
question of site suitability for residential use ia perhaps aore
pertinent than limited "new" aite access/egress noiae.
~asks that were performed to evaluate changes in the noiae
environment due to project implementation included:
1. Site familiarization and Obtaining plans and other input data
2. on-site noise aeasurements
3. Measurement of parking lot activity noise at a similar aixed
use development in orange County
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4. Evaluation of noise impact potential and identification of any
recommended mitigation
The following discussion summarizes the results of the efforts in
each task.
Project Description
The preliminary site plan for 36 units envisioned two "pads" of 18
live/work businesses and residences separated by a common parking
area. In the revised site plan, the two clusters have been drawn
together with only a small separation and two separate parking
areas have been created. In the current site plan, the intervening
3-story structures between Riverlawn residences and the parking
areas will preclUde any audibility of site visitor vehicular
activity. Use of the perimeter roadway by site residents and by
small delivery vehicles such as package delivery services will be
the potential source of impact. Through the more contiguous
building mass screening out Broadway traffic noise, any small
impact from site-related vehicles may be offset by equal or greater
attenuation of existing noise.
Proposed uses for the site are a mixed use concept with owner-
occupied businesses on part of the ground floor of each townhouse
with parking in the rear of the ground floor and two floors of
living space above. Business uses are expected to be small
specialty retail, professional or service-oriented offices and
special ty restaurants such as gourmet coffee, deli sandwiches,
yogurt, etc. No audible noise generation from business use is
expected at the rear of any unit in proximity to adjacent
residences.
on-Site lioise lIeasur_ents
Noise measurements were made at three locations on the project
site. Two sites were along the rear separation wall between the
former dealership and the adjacent residences (one near the former
body shop on the southern one-half of the site; one near the taller
truck repair building on the northern one-half). One monitor was
located 90 feet from the Broadway centerl.ine in a former auto
display area with an unobstructed view of 'Broadway. Results of
these measurements made on February 23~ 1995 near 1 p.m. are
summarized as follows: .
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Noise Level (dB[A))
Front Display Area
LEO
65.3
LGx
Lain
75
55
Body Shop Area
~ck Repair Area
59.7
66
55
58.9
65
52'
These readings were 15-minute energy equivalent averages (LEQ) and
l-second IIaxima and minima (Lmax, Lmin). City of Chula Vista
standards are expressed in terms of a weighted 24-hour standard
called the COlIIIDunity Noise Equivalent Level (CNEL). Our monitoring
experience in a number of Chula Vista noise monitoring programs has
been that mid-day LEQs and 24-hour CNELs are often very similar.
For example, a comparison of CNEL and the aid-day noise level at
three sites around Chula Vista are as follows;
Site 1
LEQ
(Noon-2 pili)
64.3 dB
CNEL
63.6 dB
Site 2
62.7 dB
52.2 dB
64.9 dB
51.9 dB
Site 3
. The difference between CNEL and mid-day LEQ is often near zero, and
generally fairly small. The baseline readings above are therefore
a reasonable representation of existing noise levels relative to
the City'S exterior standard of 65 dB(A) CNEL. The above
comparison suggests that mid-day LEQ noise levels are from 0-2 dB
lower than daily CNELs. At the locations aeasured, the former
front display area with a CNEL of 65-67 d8(A) thus currently
slightly exceeds the city standard, while the former rear repair
areas with CNELs of 59-62 d8(A) are well within the City'S
guidelines. Residences on Riverlawn backing up to the site
protected by the existing wall clearly have a large aargin of
safety between the standard and their curre~t noise exposure.
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Parking Lot Activity Noise
Noise levels at the edge of a parking lot serving a lIixed Use
development in Huntington Beach were monitored as a prototype for
the off-site levels that could be expected for the former site plan
that had a direct line of sight from the parking area to the rear
yards of Riverlawn homes. The Huntington Beach facility has ground
floor shops and offices with upstairs residences in an .Old World"
atmosphere. Businesses include restaurants, a deli, retail shops
(especially ethnic wares), travel agencies, CPAs, a tanning salon,
etc. 'J'enant and/or owner parking is in a separate garage area, but
otherwise the design concept is sillilar to the proposed facility in
Chula Vista.
One-hour measurements at the edge of the parking lot from 12:30 _
1:30 p.m. when there is an active lunch traffic were as follows:
LEQ EO 59.7 dB
LHAX" 81. 0 dB
Lmin.. 51.5 dB
Because the traffic peaks during the day with little nocturnal
activity, CNEL is likely several dB lower than lIid-day LEQ. If the
property line CNEL were 57 dB(A), and this noise level were
superimposed upon the 59-62 dB(A) CNEL currently experienced at the
fenceline of the Riverlawn homes, the combined level would be 61-63
dB(A) CNEL. The former plot plan with the parking area exposed to
view by the residences, even without any noise reduction credit for
a rear property wall, would not cause City of Chula Vista standards
to be exceeded. With the revised plot plan, the parking lot
activity noise exposure to off-site residents is a ll00t point. Its
only issue would be as to how much on-site vehicular activity will
be audible to project site upper story residents.
Access Road Noise
As a worst-case assumption, each unit was assumed to generate 10
daily trips (five outbound and five inbound) along the perimeter
access. At 25 IIph, with 10% of traffic at ni'ght, the traffic noise
in the absence of any barrier is 50 dB(A) CREL in the rear yards of
the adjacent residences assuming that the proposed homes are
perfect reflectors. A level of 50 dB is not perceptible within an
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existing background of around 60 dB. By creating a more contiguous
3-story barrier to screen out existing traffic noise from Broadway,
the noise reduction achieved by the project will far. more than
compensate any small noise increment created by resident and minor
delivery vehicle traffic on the townhome perimeter road.
The above calculations are for no separation wall between the
project and existing Riverlawn residences. No wall is needed to
meet noise standards. A wall may be desirable for privacy,
security, aesthetics or other reasons, but it is not a necessary
project component to meet noise standards. Because inclusion of a
wall is not noise-driven, the height is somewhat iJllJll8terial. Any
height above 5 feet will reduce the perception at adjacent homes of
individual vehicles passing through the rear "alley", but only
creates an additional margin of safety relative to meeting City of
Chula Vista standards.
On-Site Roise Exposure
Si ting of residential uses on a cOlDJllercial corridor does have
possible noise implications. Existing measured noise levels
(estimated from short-term, daytime readings) at 90 feet from the
Broadway centerline are 65-67 dB(A) CNEL. Projected increases in
traffic volumes on Broagway are small such that noise "growth" is
forecast to be only an additional 0.5 dB(A) CNEL. With the facade
of the closest project buildings somewhat closer than the 90-foot
measurement distance, a maximum future exterior noise level of 69
dB(A) CNEL is forecast for the units closest to Broadway. The
sides of the closest buildings to Broadway will exceed the City
standard by 4 dB. The front and back of the closest unit will only
be exposed to one-half of the traffic. Limits in the field of view
to 50\ of the traffic flow will create a 66 dB(A) CNEL exposure at
the corner of the nearest unit. Within the width of one unit,
noise levels decrease by 1+ dB to create a sub-65 dB(A) CNEL at the
exterior of all units except the four closest to Broadway. The 65
dB(A) CNEL contour approximately bisects the closest unit.
City standards for noise at any usable exterior recreational space
is 65 dB(A) CNEL. State standards for interiors of lIultiple family
units is 45 dB(A) CNEL. Exterior to interior noise attenuation
wi th standard construction practice is 20 dB as long as windows are
closed. All units except the four closest to Broadway will have
exteriors of less than 65 dB(A) CNEL. Their -decks and porches will
meet City exterior standards without any supplementary noise
protection. Their interior levels will be below 45 dB(A) CNEL as
long as residents can close their windows to shut out the noise.Ô
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The ability to close the window requires an auxiliary source of
ventilation. Although this requirement is met in the UBC with only
a whole-house fan (normally in the furnace in central heating),
refrigerated air conditioning is the preferred option. While the
need for air conditioning inChula Vista is very limited, its
inclusion provides an expanded range of options to the business and
residential component of each unit to control COmfort and noise.
At the four end units abutting on Broadway, a somewhat enhanced
level of noise control is required. Exterior exposure for the
front balconies of these units is 65 dB(A) CNEL. The rear deck is
shielded by the protrusion of the second floor family room such
that the deck outside the kitchen door will also have a noise level
within City of Chula Vista standards. No exterior noise mitigation
is required. The front balcony at 65 dB(A) CNEL may not be
conducive to relaxing conversation at these units, but does not
require any supplementary noise control.
The interior of the four units closest to Broadway is thus the only
possible location where standard design practice may not be able to
achieve a reduction from 69 dB(A) CNEL on .the facade to a 45 dB(A)
CNEL in the interior. with planned windows facing Broadway, the
noise leakage for a standard window may be slightly inadequate.
Based on preliminary room geometries, we have run the Interior
Hoise Analysis (INA) 1I0del. Use of slightly upgraded windows
(dual-paned sliders or a thicker glass) with a Sound Transmission
Class (STC) of 25 or higher will allow the interior standard of 45
dB(A) CNEL to be readily met.
.'
su-ary/ReCO_endations
OUr findings are as follows:
1. A rear property wall is not necessary for noise protection. It
is anticipated, however, that the existing rear wall, with some
cosmetic improvement, will be retained. Maintaining a minimum
wall height of 5 teet above project grade is recommended.
2. Air conditioning is recommended as a standard feature on all
units.
3. East facing windows in the four end units that face Broadway
are recommended to be rated at STC - 25 or higher. This rating
is typically achieved by use of a thicker glass or by a dual-
paned sliding window.
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ATI'ACHMENT 6
INITIAL STUDY AND
MITIGATED NEGATIVE DECLARATION
~ 1---:55
This page Blank
iJ- ~ 50
ADDENDUM TO MITIGATED NEGATIVE DECLARATION
IS 95-03
PROJECT NAME: Broadway Business Homes Village
PROJECT LOCATION: 760 Broadway
PROJECT APPLICANT: Josef & Lenore Citron
PROJECT AGENT: C. W. Clark
CASE NUMBER:
IS-95-03A
DATE:
May 30, 1995
I. INTRODUCTION
The environmental review procedures of the City of Chula V~sta
allow the Environmental Review Coordinator (ERC) to prepare an
addendum to a Negative Declaration or Environmental Impact
Report (EIR) , if one of the following conditions is present:
1. The minor changes in the project design which have
occurred since completion of the Final EIR or Negative
Declaration have not created any new significant
environmental impacts not previously addressed in the
Final EIR or Negative Declaration;
2. Additional or refined information available since
completion of the Final EIR or Negative Declaration
regarding the potential environmental impact of the
project, or regarding the measures or alternatives
available to mitigate potential environmental effects of
the project, does not show that the project will have one
or more significant impacts which were not previously
addressed in the Final EIR or Negative Declaration.
1S-95-03 analyzed the potential environmental impacts
associated with a proposal of a rezone from the CT to Central
Commercial modified by a Precise Plan (CCP) zone, in order to
allow for the construction of 36 mixed use units.
Subsequent to the completion of the Mitigated Negative
Declaration, minor changes have been incorporated in the
project description.
Therefore, in accordance with Section 15164 of the CEQA
Guidelines, the City has prepared the following addendum to
the Mitigated Negative Declaration for the proposed rezone to
~ 33-
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This addendum supersedes the. previous Mitigated Negative
Declaration 18-95-03. An Addendum need not be circulated for
public review, but instead becomes an attachment to the
previously issued Mitigated Negative Declaration 18-95-03.
II. PROJECT LOCATION AND DESCRIPTION
The project site, located at 760 Broadway, is a 2.52 acre
site, which was previously used as a Fuller Ford auto
dealership and is located in the Southwest Redevelopment
Project area. The site is zoned Thoroughfare Commercial (CT)
and designated as Commercial Retail in the General Plan.
There are several existing structures and carports previously
used in the auto dealership for customer service, parts
storage and auto repairs. The City of Chula Vista currently
owns the property and will issue a contract for the demolition
of all structures and carports and the clean up of the site
prior to the transfer of the property to the project applicant
for construction of an approved project proposal.
The properties to the north and south, as well as across
Broadway to the east, are zoned Commercial Thoroughfare. To
the west is zoned R1 and there are existing single-family
residences. A tire sales and repair land use is located to
the north and a hotel is located to the south. The average
graded slope of the site is 2%.
III. PROJECT BACKGROUND AND HISTORY
On May 2, 1995 the proposed project was reviewed by the
Redevelopment Agency to provide direction as to how project
issues are to be addressed by staff. The issues which are of
major concern to staff include setting precedents which have
City staffing and budgetary implications, public access and
liability, and open space and parking proposals. Issues which
were discussed and were not evaluated in the Mitigated
Negative Declaration were the following: the creation of an
.assessment district to establish ownership and maintenance for
the common areas, the establishment of Conditions, Covenants,
and Restrictions (CC&R's) and a Parcel Map proposal.
IV. PROPOSED PROJECT
The project entails a residential subdivision comprising 36
units. There will be common areas including access alleys,
open space and public parking areas. The City with form a
"one of a kind" Assessment District to establish ownership and
maintenance for the common areas.
Project area residents have indicated concern about the
potential of having two separate areas that could be rented
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separately. The applicant has indicated that owners of the
units are to occupy both the residential and commercial areas
of the units. Prior to issuance of any building permits for
said development, the applicant/owner (or their successors in
interest) shall enter into an agreement with the City
establishing Conditions, Covenants, and Restrictions (CC&R's)
for the ownership of the "business homes." Any costs incurred
by the administration of the CC&R's will be born by the
applicant.
The project entails a subdivision of 36 units, as described
above and the map process may take from ~2 to ~B months. The
process is governed by State Law (the Subdivision Map Act) .
State law does provide for exemptions from the process for
public agencies, under certain circumstances. The City
currently owns the property and may be able to process a
Parcel Map, as opposed to a Subdivision Map, for the project.
The applicant has requested that this be done and staff
believes that a Parcel Map would be a cleaner process, and
would provide monumented lot corners for a more precise legal
lot definition.
V. :IDENT:IF:ICAT:ION OF ENV:IRONMENTAL EFFECTS
Assessment District
The formation of an Assessment District does not in any way
change or alter the conclusions regarding the environmental
impacts described in the Mitigated Negative Declaration for
the proposed project.
CC&R's
The City establishing of Conditions, Covenants, and
Restrictions (CC&R's) for the ownership of the "business
homes" will address residential concerns as to the ownership
of the home/business units and will support conclusions as to
project impacts as described in the Mitigated Negative
Declaration, which assume that the owner and occupant of the
business homes will be one in the same.
Parcel Map
The processing of a parcel map will not exempt the development
from CEQA or other land use approval processes and will not
change the project impacts as described in the Mitigated
Negative Declaration.
V:I. CONCLUS:ION
The Environmental Review Coordinator has determined that the
project revision, as reflected in this Addendum (IS-95-03A),
does not raise important new issues about the proj ect' s
significant effects on the environment. No significant
-~ 5' -::~
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impacts would result from these modifications to the project
as previously proposed. This addendum supplements the
previous Mitigated Negative Declaration prepared for the
project and concludes that the project proposal is subject to
mitigation measures.
En
Coordinator
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Mitigated Negative Declaratio
PROJECT NAME: Broadway Business Homes Village
PROJECT LOCATION:
760 Broadway, ChuIa Vista CA 91910
ASSESSOR'S PARCEL NO,: 571-29Q-131hrough 17
PROJECI' APPLICANT:
Cilron Realty & Investment Corp., Josef & Lenore Cilron
.
CASE NO: 15-95-03
DATE: May 12,1995
A. Proiect Setting
The project site, located at 760 Broadway, is a 2.52 acre site, which was previously used as
a Fuller Ford auto dealership and is loca!ed in the Southwest Redevelopment Project area.
The site is zoned Thoroughfare Commercial (CT) and designated as Commercial Retail in
the General Plan. There are several existing structures and carports located on the project
site which were previously used in the auto dealerShip for customer service, parts storage and
auto repairs. The City of Chula Vista currently'owns the property and will issue a contract
for the demolition of all structures and carports and the clean up of the site prior to the
transfer of the property to the project applicant for construction of the an approved project
proposal.
The properties to the north and south, as well as across Broadway to the east, are zoned CT.
To the west is zoned RI and there are existing single-family residences. A tire sales and
repair land use is located to the north and a hotel is located to the south. The average graded
slope of the site is 2 %.
B.
Proiect Descriotion
I
The project proposes a rezone from the CT to Central Commercial subject to a Precise Plan
modifier (CCP), in order to allow for the construction of 36 mixed use units; commercial use
on the first floor level and residential use on the second and third floors and it is expected
that the owner of the business and home are one in the same household. Nine .two bedroom
units, nineteen three bedroom and eight four bedroom units are proposed. The proposed lot
coverage is 39,188 sq. ft. of the total 109,771 sq. ft. project site, or 36%. There are 82
commercial and 72 residential parking spaces provided. There will be 36 single car garages,
8 open stalls and 28 lO'x 12' tandem spaces. There will be 7,072 sq. ft. of open space
provided for project residents. The estimated project population is 123. The project .is
expected to generate 26 light commercial and office jobs.
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city of chura vista planning department
environmental review section
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The applicant will be required to pay Park Acquisition and Development (PAD) fees and
comply with State California Title 24 Disabled. Regulations. Discretionilry actions include
Precise Pian approval and a Conditional Use Permit. The project will also require approval
by the Redevelopment Agency. A soils study will be required prior to issuance of a building
permit.
C. Compatibility with Zonin!! and Plans.
The proposed mixed-use project is proposed on five parcels which are currently designated
on the General Pian land use diagram as Commercial Retail and zoned CT. The project
proposes a zone change to CCP, which would be compatible with Commercial Retail land
use designation. Approval of a zone change will permit the proposed use, subject to
approval of a Conditional Use Permit (per Chapter 19.36, Section .030, Zoning Ordinance)
and approval of a Precise Pian.
Nearby resident's have raised concern about parking overflow to the their streets. There are
82 commercial parking spaces and 72 residential spaces and 111 commercial and 72
residential spaces are required. The justification for the parking space deficiency is founded
in the urban character and uniqueness of the proposed mixed-use project and will be
addressed in the project precise pian or a variance.
D. Identification of Environmental Effects
An initial study conducted by the City of Chula Vista determined that the proposed project
could have one or more significant environmental effects. Specific mitigation measures will
be implemented to reduce these effects to a level below significant. With mitigation, no
significant environmental effects will occur, and the preparation of an Environmental Impact
Report will not be required. This Mitigated Negative Declaration has been prepared in
accordance with Section 15070 of the State CEQA Guide1ines. The following impacts have
been determined to be less than significant.
Noise:
A acoustical study prepared by Giroux & Associates analyzed two noise concerns on of the
project proposal: exposure of noise from the proposed project to single-family residences to
the west and excessive on-site residential exposure to vehicular noise from Broadway traffic.
Tasks that were performed to evaluate changes in the noise environment due to project
implementation included:
I. Site familiarization and obtaining plans and other input data,
2. On-site noise measurements,'
3. Measurement of parking lot activity noise at a similar mixed use development in Orange
County, and
4. Evaluation of noise impact potential and identification of recommended mitigation.
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The fIndings and recommendations of the study are as follows:
1. A rear property wall is not necessary for noiSe protection. It is anticipated, however, that
the existing rear wall, with some cosmetic improvement, will be retained. 'fI!.e maintaining
of a minimum wall height of 5 feet above project grade is recommended.
2. A mechanical ventilation system which will comply with UBC Sect. 1205 (c) is required
as a standard feature on all units.
3. East facing windows in the four end units that face Broadway are recommended to be
rated at STC =25 or higher. . This rating is typically achieved by use of a lhicker glass or by
a dual paned sliding window.
School Impacts
The proposed project involves a rezone from CT to CCP. This rezone will allow for the
development of 36 residential units with commercial space, subject to approval of a
Conditional Use Permit and Precise Plan. The present CT zone does not permit residential
uses. Therefore, it has been determined that the rezone to CCP could generate significant
school impacts since it allows residential units by Use Permit. As a result, the City
recognizes that school impacts generated by the approval of a rezone for the project site must
be fully mitigated.
The proposed 36 residential units will generate an impact of up to 22 new students in the
enrollment area for Chula Vista Junior High School, Chula Vista High School and Mueller
Elementary School.1 Due to the uniqueness of the project's "business homes" concept, the
commercial component of the project is not considered to be an additional impact, as it is
expected that the owner of the business and home are one in the same household.
The Chula Vista Elementary School District and the Sweetwater Union High School District
(the Districts) have indicated that state mandated fees will not be sufficient to fully mitigate
impacts. Therefore, they have requested that this project be conditioned to fully mitigate
impacts through possible participation in a Mello-Roos Community Facilities District or other
fInancing mechanism, mutual.ly acceptable to the Districts and the project proponent, which
will achieve full mitigation.
In order to fully mitigate identified impacts, the applicant shall be required to enter into an
agreement with the Districts in which measures to fully mitigate impacts are outlined and
mutually agreed upon, and evidence of said agreement shall be provided to the satisfaction
of the City prior to the time of building permit issuance.
1 The factors used to calculate student generation are .30x36clO.8 or 11 for
elementary schools and .29x36~10.44 or 11 for junior high/high schools (ll+11~22).
The factors were provided by the Chula Vista Elementary School District and the
Sweetwater Union High School District.
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Fire Services
Based on the fire flow requirements, the. Fire Department will require the following: the
project to be fully sprinklered; fife extinguishers; a fire a1ann system (centrally monitored),
standpipes and a ("lfe access with a minimum of 20' .
Water Availability
The Sweetwater Authority has indicated that if a ("lfe sprinkler system is added to this
development (note that required by the Fire Department), the required fire flow can. be
reduced from 7500 GPM to 3750 GPM. This flow can be met if the developer installs 600
Lineal feet of 12-inch main in Broadway, from "K" St. to the mid-point of the proposed
development This is in a section of Broadway that is currently being reconstl11cted by the
City of Chula Vista. Any required water services will probably result in the excavation of
the newly constructed street. The applicant will also be required to provide information
regarding domestic, irrigation and fire sprinkler water demand$ that would expedite these
installations prior to the street reconstruction.
,
Land-Use
The project proposes a zone change to Central Commercial subject to a Precise Plan modifier
(CCP). Approval of a zone change will permit the proposed use with a Conditional Use
permit (per Chapter 19.36, Section .030 of the Zoning Ordinance). The proposed project
allows for a mixed-use project along Broadway, which is specifically called for along sections
of the Broadway Commercial strip. The proposed project lends credence to Ordinance 2295,
which allows for mixed-use developments in the CCP zone. This project supports the intent
of the Ordinance to facilitate the development/redevelopment of otherwise under utilized
commercial sites and foster mutually supportive projects, such as the proposed project which
allows residents to live and work at the same site. The project also supports the intention
to provide an opportunity to ease the transition between commercial properties and abutting
residential areas.
TrafficlParking
The proposed project will generate approximately 1816 ADT. approximately 1056 ADT over
the previous land use. Potential additional traffic impacts are expected to be lessened by
having a high percentage of employees living and working on the project site. The project
is not anticipated to significantly impact traffic on Broadway and with the implementation of
a scheduled CapitaIlmprovement Project (Fall, 1995), this segment of Broadway is expected
to operate at a Level-of-Service 'c' or better. .
There are 82 commercial and 72 residential parkin~ spaces proposed, however III
commercial and 72 residential spaces are required. According to the applicant, the parking
provided for the commercial shops is adequate because the shops, which are about 600 sq.
ft. each and connected to the living space, are intended to be used by the resident living
directly above, and because the resident/shop operator parking is provided along with the
residence, the typical commercial parking demand is reduced by the number of
WPC F:\HOMElPLANNINGISTOREDI1020.9XRer. I02t.9l. 1022.93)
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residentiaUbusiness units (36). The justification for the parking space"deficiency is founded
in the urban character and uniqueness of the proposed mixed-use project and will be
addressed in the project precise plan or a variance process. Findings to justify the deviations
from the Chula Vista Municipal Code will have to be made by the approving body.
Conclusion
The proposed project does not have any unmitigatable significant environmental effects as
defmed by CEQA. The project has been found to have less than a significant impact on land
use, fire services, water availability and traffic. The project will generate impacts to noise,
schools and parking which require mitigation to ensure that impacts are less than significant.
E. Mitilration necessary to avoid silmificant effects
Specific project mitigation measures are required to reduce potentially significant
environmental impacts identified in ~e initial study for this project to a level below
significant. Mitigation measures have been incorporated into the project. These measures
must be incorporated into the project proposal prior to issuance of a building permit.
1. Recommendations and fmdings of the noise study (please refer to Section E above).
2. Evidence of an agreement between the appliCant and school districts which fully mitigate
school impacts generated by the proposed project shall be provided to the City.
3. The applicant shall obtain approval of the proposed parking in the Precise Plan.
F. Mandatory Findings of Significance
1. Does the project have the potential to substantially degrade the quality of the
environment, substantially reduce the habitat of a fISh or wildlife species, cause
fISh or wildlife population to drop below self-sustaining levels, threaten levels,
threaten to eliminate a plant or animal community, reduce the number or
restrict the range of a rare or endangered plant or animal, or ..Jiminate
important examples of the major periods of California history or prehistory?
The project site is in an urban area and was previously used for a major automobile
dealership and maintenance facility. There are no sensitive species or habitat in the
area.
2. Does the project have the potential to achieve short-term environmental goals to
the disadvantage of long-term environmental goals?
The 2.52 acre project site was previously used for a major dealership and
maintenance facility and is located in the Southwest Redevelopment Area. The
proposed mixed-use project will implement project goals of the .Southwest
Redevelopment Plan; provision for the enhancement and renovation of businesses
within the Project Area to promote their economic viability and encourage the
WPC F;\HOME\PLANNING\STORED\I020.9lRef. 1021.93.1022.93)
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establishment and maintenance of "ballUlced neighborhoods" and subareas,
characterized by a planned diversity in building sites, density, housing and land use.
The project will provide for a revita1ization of the site and serve as an opportunity
for Chula Vista residents to purchase housing, while also obtaining a small business
oppommity. Therefore, the proposed project does not disadvantage long-term
envirownental goals. .
3. Does the project have possible effects which are individually limited but
cumulatively considerable? As used in the subsection, "cumulatively
considerable" means that the incremental effects of an individual project are
considerable when viewed in connection with the effects of past projects, the
effects of other current projects, and the effects of probable future projects?
The proposed project will generate approximately 1816 ADT. approximately 1056
ADT over the previous land use. Potential additional traffic impacts are expected to
be lessened by having a high percentage of employees living and working on the
project site. The projectis not anticipated to significantly impact traffic on Broadway.
and with the implementation of a scheduled Capital Improvement Project (Fall,
1995), this segment of Broadway is expected to operate at a Level-of-Service 'C' or
better.
The proposed rezone to allow for residential units as a component of the mixed use
project will generate school impacts which are considered to be significant and
require full mitigation. In addition, noise levels are expected to impact future
residents of the units. These impacts are to be mitigated as outlined in said document
(please refer to Section E). The applicant's compliance with the mitigation measures
as outlined in this Mitigated Negative Declaration will ensure that project impacts are
less than significant. Therefore, all impacts, both individual and cumulative have
been found to be less than significant.
4. Will the enviroumental effects of a project will cause a
substantial adverse effects on human beings, either directly or indirectly?
The proposed project is in compliance with City Growth Management threshold
standards for fire, police, and other City services. Therefore, the proposed mixed-
use project will not create substantial adverse impacts to human beings, either directly
or indirectly.
G. Consultation
1. Individuals and Organizations
I
City of Chula Vista: Susan Vandrew, Planning
Barbara Reid, Planning
Roger Daoust, Engineering
Cliff Swanson, Engineering
Hal Rosenberg, Engineering
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Bob Sennett, Planning
Ken Larsen, Director of Building & Housing
Carol Gove, Fire Marshal
Crime Prevention, MaryJane Diosdada
Marty Schmidt. Parks & Recreation Dept.
Ann Moore, Assistant City Attorney.
Ed Batchelder, P1anning
Chula Vista City School District: Kate Shurson
Sweetwater Union High School District: Tom Silva
Applicant:
Josef & Lenore Citron
2. Documents
ChuIa Vista General Plan (1989) and EIR (1989)
Title 19, Chula Vista Municipal Code
Acoustical Study, Hans Giroux, 3/14/95
Southwest Redevelopment Pian, Dec. 1990
Ordinance 2295, 2nt89
Uniform Building Code, 1991
3. Initial Studv
This environmental determination is based on the attached Initial Study, any
comments received on the Initial Study and any comments received during the public
review period for this Negative Declaration. The report reflects the independent
judgement of the City of Chula Vista. Further information regarding the
environmental review of this project is available from the Chula Vista P1anning
Department, 276 Fourth Avenue, Chula Vista, CA 91910.
(] k~,oJ
ENVI~ENTAL REVIEW COORDINATOR
WPC F,\HOME\PLANNING\STOREDII020.9~Ref. 1021.93.1022.93)
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Case No.IS-9S-03
ENVIRONMENTAL CHECKLIST FORM
1. Name of Proponent: Citron Realty & Investment Corp., Josef & Lenore Citron
2.
Lead Agency Name and Address:
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
3. Address and Phone Number ofProponeDt: SOOO Coronado Bay Rd.. Coronado 92118, 424-4474
4. Name of Proposal: Broadway Business Homes Village
5. Date of Checklist: May 12, 1995
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I. LAND USE AND PLANNING. Would the
proposal:
a) Conflict with general plan designation or 0 0 181 0
zoning?
b) Conflict with applicable environmental plans or 0 0 0 181
policies adopted by agencies with jurisdiction
over the project?
c) Affect agricultural resources or operations (e.g., 0 0 0 181
impacts to soils or farmlands, or impacts from
incompatible land uses)?
d) Disrupt or divide the physical arrangement of 0 0 0 181
an established community (including a low-
income or minority community)?
Comments: The proposed mixed-use project is proposed on five parcels which are currently
designated on the General Plan land use diagram as Commercial Retail and zoned CT. The project
proposes a zone change to CCP, which would be compatible with Commercial Retail1and use
designation. Approval of a zone change will pennit the proposed use, subject to approval of a
Conditional Use Pennit (per Chapter 19.36, Section .030, Zoning Ordinance) and approval of a
Precise Plan.
D. POPULATION AND HOUSING.
a) Cumulatively exceed official regional or local
population projections?
b) Induce substantial growth in an area either
directly or indirectly (e.g., through projects in
an undeveloped area or extension of major
infrastructure)?
c) Displace existing housing, especially affordable
housing?
Comments: The proposed mixed-use project will provide for commercial and residential use on a site
currently vacant, which was previously a Fuller Ford car dealership. The intent of the proposed
project is to enhance all adjacent business properties and the project will provide an opportunity for
affordable housing and a small business within the same unit The proposed project will not induce
substantial growth, but rather will redevelop a vacant area located within the Southwest
Redevelopment Project area.
o
o
o
181
o
o
181
o
o
o
o
181
m. GEOPHYSICAL Would the proposal result in or
expose people to potential impocts involving:
a) Unstable earth conditions or changes in 0
geologic substructures?
b) Disruptions, displacements, compaction or 0
overcovering of the soil?
o
o
181
o
o
181
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C) Change in topography or ground surface relief 0 0 0 ~
features?
d) The destruction, covering or modification of 0 0 0 ~
any unique geologic or physical features?
e) Any increase in wind or water erosion of seils, 0 0 0 ~
either on or off the site?
f) Changes in deposition or erosion of beach 0 0 0 181
sands, or changes in siltation, deposition or
erosion which may modi/)' the channel of a
river or stream or the bed of the ocean or any
bay inlet or lake?
g) Exposure of people or property to geologic 0 0 0 ~
hazards such as earthquakes, landslides, mud
slides, ground failure, or similar hazards?
Comments: The project will not require covering or modification of any unique or physical features.
The applicant will be required to submit a soils study for building construction prior to issuance of a
grading and/or building permit to ensure that impacts are at a level below significant.
IV. WATER Would the proposal result in:
a) Changes in absorption rates, drainage patterns, 0 0 0 ~
or the rate and amount of surface runoff?
b) Exposure of people or property to water related 0 0 0 ~
hazards such as flooding or tidal waves?
c) Discharge into surface waters or other alteration 0 0 0 ~
of surface water quality (e.g., temperature,
dissolved oxygen or turbidity)?
d) Changes in the amount of surface water in any 0 0 0 ~
water body?
e) Changes in currents, or the course of direction 0 0 0 ~
of water movements, in either marine or fresh
waters?
f) Change in the quantity of ground waters, either 0 0 0 ~
through direct additions or withdrawals, or
through interception of an aquifer by cuts or
excavations?
g) Altered direction or rate of flow of 0 0 0 ~
groundwater?
h) Impacts to groundwater quality? 0 0 0 ~
i) Alterations to the course or flow of flood 0 0 0 ~
waters?
j) Substantial reduction in the amount of water 0 0 ~ 0
otherwise available for public water supplies? 7'--?z;
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Comments: If fire sprinlder systems are provided to the units, the City of Chula Vista Fire
Department has indicated that frre flow can be reduced to 3750 GPM. The Sweetwater Authority has
indicated that this flow can be met if the developer installs 600 L.F. of 12-inch main in Broadway,
from OK 0 St to the mid-point of the proposed development This is the section of Broadway that is
currently being reconstructed by the City of Chula Vista. In addition, any required water services. will
probably result in the excavation of the newly constructed street. The Authority request that
information regarding domestic, irrigation and fire sprinlder water demands that would expedite these
installations prior to the street reconstruction. Project compliance with the requirements of the
Authority will ensure that impacts are less than significant.
V. AIR QUALITY. Would the proposal:
a) Violate any air quality standard or contribute to
an existing or projected air quality violation?
b) Expose sensitive receptors to pollutants?
c) Alter air movement, moisture, or temperature,
or cause any change in climate, either locally or
regionally?
d) Create objectionable odors?
o
o
o
o
o
o
o
o
181
181
o
o
o
o
181
181
e) Create a substantial increase in stationary or 0 0 0 181
non-stationary sources of air emissions or the
deterioration of ambient air quality?
Comments: The project does not require an APeD permit and projected increase in traffic volwnes
on Broadway are small such that air quality will not be significantly impacted by the proposed project.
VL TRANSPORTATION/CIRCULATION. Would
the proposal result in:
a) Increased vehicle trips or traffic congestion?
b) Hazards to safety from design features (e.g.,
sharp curves or dangerous intersections) or
incompatible uses (e.g., farm equipment)?
c) Inadequate emergency access or access to
nearby uses?
d) Insufficient parking capacity on-site or off-site?
e) Hazards or barriers for pedestrians or bicyclists?
f) Conflicts with adopted policies supporting
alternative transportation (e.g. bus turnouts,
bicycle racks)?
g) Rail, waterborne or air traffic impacts?
,,'~
.
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
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181
181
181
181
181
181
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wPC F:\HOME\Pu.NNINQISTORED\1711.94
h) A "large project" under the Congestion
Management Program? <An equivalent of 2400
or more average daily vehicle trips or 200 or
more peak-hour vehicle trips.)
Comments: The project will generate 1816 ADT, which is 1056 over the existing use. The increase
in traffic volumes is small. The segment of Broadway which fronts the proposed project currently
operates below Level-of-service (LOS) "CO, however c.J.P. project ST-130, "Street Reconstruction-
Broadway, I to L, will improve the LOS to "CO or above. Completion of ST-130 is anticipated in the
Fall of 1995.
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Nearby resident's have raised concern about parking overflow to the their streets. There are 82
commercial parking spaces and 72 residential spaces and III commercial and 72 residential spaces
are required. The justification for the parking space deficiency is founded in the urban character and
uniqueness of the proposed mixed-use project and will be addressed in the project precise plan or a
variance.
vn. BIOLOGICAL RESOURCES. Would the
proposal result in impacts to:
a) Endangered, sensitive species, species of 0 0 0 18I
concern or species that are candidates for
listing?
b) Locally designated species (e.g., heritage trees)? 0 0 0 18I
c) Locally designated natural communities (e.g, 0 0 0 18I
oak forest, coastal habitat, etc.)?
d) Wetland habitat (e.g., marsh, riparian and vernal 0 0 0 18I
pool)?
e) Wildlife dispersal or migration corridors? 0 0 0 18I
f) Affect regional habitat preservation planning 0 0 0 18I
efforts?
Comments: The proposed project area is an older urbanized area of the City on a previously
developed site. The proposed project will not impact sensitive species or habitat in the area.
vm. ENERGY AND MINERAL RESOURCES.
Would the proposal:
a) Conflict with adopted energy conservation 0 0 0 18I
plans?
b) Use non-renewable resources in a wasteful and 0 0 0 18I
inefficient manner?
c) If the site is designated for mineral resource 0 0 0 18I
protection, will this project impact this
protection?
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Comments: The proposed mixed-use project is not designated for mineral resources protection and
City standards. Current city recycling programs for the residential and commercial sectors of the City
will provide the opportunity for the mixed-use project to use resources in a reusable fashions, thus
preventing the use of resources in a wasteful manner. As the project is a mixed-use project, the
commercial use will have the opportunity to be involved in commercial programs, while the
residential component can utilize programs such as curb side recycling pick-up.
d) Exposure of people to existing sources of
potential health hazards?
e) Increased fire hazard in areas with flammable
brush, grass, or trees?
Comments: The proposed mixed-use project is intended to provide the opportunity to purchase a
home and a business in one. The types of tenants expected in the commercial use component of the
site are travel agencies, CPA's, retail shops, etc. These types of tenants are not expected to expose
people to health hazards or create a risk of accidental explosion. The site is listed on the County of
San Diego County Hazardous Materials Division Environmental Assessment listing as case closed.
This indicates that no further action, by the County, will occur at this time.
IX. HAZARDS. Would the proposal involve:
a) A risk of accidental explosion or release of
hazardous substances (including, but not limited
to: petrolewn products, pesticides, chemicals or
radiation)?
b) Possible interference with an emergency
response plan or emergency evacuation plan?
c) The creation of any hcalth hazard or potential
hcalth hazard?
X. NOISE. Would the proposal result in:
a) Increases in existing noise levels?
b) Exposure of people to severe noise levels?
--~ - ~
o
o
o
181
o
o
o
181
o
o
o
181
o
o
o
181
o
o
o
181
o
o
o
181
o
181
o
o
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Comments: A acoustical study from Giroux & Associates analyzed two noise concerns on site:
cxposure of noisc from the proposed project to single-family residcnces to the west and cxcessive on-
site residential cxposure to vehicular noise from Broadway traffic. Tasks that wcrc performed to
cvaluate changes in the noisc environment due to project implementation included:
1. Site familiarization and obtaining plans and other input data
2. On-site noise measurements
3. Measuremcnt of parking lot activity noise at a similar mixcd use development in Orange
County
4. Evaluation of noise impact potential and identification of and recommcnded mitigation.
The fmdings and recommendations of thc study were the following:
I. A rear property wall is not neccssary for noise protection. It is anticipated, howcver, that
the cxisting rear wall, with some cosmetic improvement, will be retained. Maintain a
minimum wall height of 5 feet above project grade is recommend.
2. A mechanical ventilation system which will comply with UBC Sect 1205 (c) is required
as a standard features on all units
3. East facing windows in the four end units that face Broadway are recommended to be
rated at STC=25 or higher. This rating is typically achieved by use of a thicker glass or by a
dual pained sliding window.
XL PUBLIC SERVICES. Would the proposal have
an effect upon, or result in a need for new or
altered government services in any of the following
areas:
a) Fire protection? 0 0 0 18I
b) Police protection? 0 0 0 18I
c) Schools? 0 18I 0 0
d) Maintenance of public facilities, including 0 0 0 18I
roads?
e) Other governmental services? 0 0 0 18I
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Comments: The fire department will require fire protection measures as outlined in the threshold
section of this checklist The police department has indicated that the project could not significantly
impact police services or calls for services. School mitigation will be required of the applicant prior
to issuance of a building permit (please refer to Section E of the Mitigated Negative Declaration).
Project impacts to drainage and roads are not an issue, as the City drainage and street improvements,
scheduled for Fall of 1995, from I to L on Broadway, will mitigate any possible impacts. No other
govenunentaJ services will be impacted by the proposed project
XII. Thresbolds. Will the proposal adversely impact the
City's Threshold Standards?
o
o
o
181
As described below, the proposed project does not advetsely impact any of the seen 1breshold
Standards.
a) FirelEMS
The 1breshold Standards requires that fire and medical units must be able to resWnd to
calls within 7 minutes or less in 85% of the cases and within 5 minutes or less in 75% of
the cases. The City of Chula Vista has indicated that this threshold standard will be met,
since the nearest fire station is 2 miles away and would be associated with a 4 minute
response time. The proposed project will comply with this Threshold Standard.
Comments: The fire department will require the following fire prevention measures: based on fire
flow requirements, the project will be required to be fully sprinklered; fire extinguishers required-
2AIOBC; a fire alarm system is required (centrally monitored), standpipes required and a 20' wide
minimum fire access is required.
b) Police
The Threshold Standards require that police units must respond to 84% of Priority 1 calls
within 7 minutes or less and maintain an average response time to all Priority 1 calls of
4.5 minutes or less. Police units must respond to 62.10% of Priority 2 calls within 7
minutes or less and maintain an average response time to all Priority 2 calls of 7 minutes
or less. The proposed project will comply with this Threshold Standard.
Comments: The proposed project will not significantly impact police services or calls for service.
The police crime prevention unit has requested that the applicant obtain a crime prevention review
from the police department.
c) Traffic
The Threshold Standards require that all intersections must operate at a Level of Service
(LOS) "CO or better, with the exception that Level of Service (LOS) "0" may occur
during the peak two hours of the day at signalized intersectiOns. Intersections west of
I-80S are not to operate at a LOS below their 1987 LOS. No intersection may reach LOS
"E" or "F" during the average weekday peak hour. Intersections of arterials with freeway
ramps are exempted from this Standard. The proposed project will comply with this
Threshold Standard.
Comments: The project segment of Broadway currently operates below Level-of-Service (LOS) "e."
However, completion of City of Chula Vista C.I.P. project ST-130, "Street reconstruction-Broadway, I
to L", will improve the LOS to "C" or above. Completion of C.I.P. project ST-130 is anticipated in
the Fall of 1995.
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d) ParkslRecreation
The Threshold Standard for Parks and Recreation is 3 acres/l,OOO population. The
proposed project will not comply with this Threshold Standard.
Comments: Park Acquisition and Development (PAD) Fees will be required to be paid as per the
current park land dedication ordinance fee schedule. This will ensure that impacts to Park &
Recreation are less than significant.
e) Drainage
The Threshold Standards require that storm water flows and volumes not exceed
City Engineering Standards. Individual projects will provide necessary
improvements consistent with the Drainage Master Plan(s) and City Engineering
Standards. The proposed project will comply with this Threshold Standard.
Comments: The project site is in a SOO flood plain, however, no special building measures with be
required of the applicant.
On-site drainage facilities consist of surface flow to Broadway, also a 30" RCP which conveys
upstream runoff through the site to downstream drainage facilities. The 30" RCP flows from east to
west. The site to downstream drainage facilities. The 30" RCP flows from east to west. The
facilities are adequate to service the project, however, City of Chula Vista, CIP project ST-130,
"Street Reconstruction-Broadway, "1 to L" will abandon the 30" RCP and will reroute upstream flows
northward in Broadway in order to relieve flooding problems to the west of the project site and the
30" RCP.
Off-site drainage facilities consist of a 33" RCP in Broadway which flows to the north. Also, a 30"
RCP downstream and west of the 30" RCP described above. These facilities are adequate to serve the
project, however the aforementioned C.I.P. project ST-130 will re-route flows from sources upstream
of the project site that currently flow through the site via a 30" RCP to downstream drainage facilities
located immediately west of the project site. This rerouting of flows will relieve flooding problems
further west of and downstream from the project site.
f) Sewer
The Threshold Standards require that sewage flows and volumes not exceed City
Engineering Standards. Individual projects will provide necessary improvements
consistent with Sewer Master Plan( s) and City Engineering Standards. The
proposed project will comply with this Threshold Standard.
Comments: The existing sewer lines consist of a 8" VCP in Broadway that begins at the northern
end of the proposed project and flows northward. Also, an 8" VCP which starts near the westerly
property line and which flows westward.
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g) Water
The Threshold Standards require that adequate storage, treatment, and transmission
facilities are constructed concurrently with planned growth and that water quality
standards are not jeopardized during growth and construction. The proposed project will
comply with this Threshold Standard.
Applicants may also be required to participate in whatever water conservation or fee off-
set program the City of ChuJa Vista has in effect at the time of building permit issuance.
Comments: An NPDES permit is not required for the proposed project and water quality will not be
jeopardized. The Sweetwater Authority has indicated that if a rlre sprinkler system is added to this
development (note that required by the Fire Department), the required rue flow can be reduced from
7500 GPM to 3750 GPM. This flow can be met if the developer installs 600 L.F. of 12-inch main in
Broadway, from "K" St to the mid-point of the proposed development This is in a section of
Broadway that is currently being reconstructed by the City of Chula Vista. In addition, any required
water services will probably result in the excavation of the newly constructed street The applicant
will also be required to provide information regarding domestic. irrigation and rue sprinkler water
demands that would expedite these installations prior to the street reconstruction.
xm. UTILITIES AND SERVICE SYSTEMS. Would
the proposal result in a need for new systems, or
substantial alterations to the following utilities:
a) Power or natural gas? 0 0 0 181
b) Communications systems? 0 0 0 181
c) Local or regional water treatment or distribution 0 0 0 181
facilities?
d) Sewer or septic tanks? 0 0 0 181
e) Storm water drainage? 0 0 0 181
1) Solid waste disposal? 0 0 0 181
Comments: The proposed project will not require new systems for gas, communication systems,
water treatment, sewer tanks, storm water drainage or solid waste disposal. However, the project will
be required to install 600 L.F. of 12-inch main in Broadway, from "K" St. to the mid-point of the
proposed development for water to be available to the site.
XIV. AESTHETICS. Would the proposal:
a) Obstruct any scenic vista or view open to the
public or will the proposal result in the creation
of an aesthetically offensive site open to public
view?
o
o
o
181
b) Cause the destruction or modification of a
scenic route?
o
o
o
181
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c) Have a demonstrable negative. aesthetic effect?
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0 0 0 ~
d) Create added light or glare sources that could
increase the level of sky glow in an area or
cause this project to fail to comply with Section
19.66.100 of the Chula Vista Municipal Code,
Title 19?
e) Produce an additional amount of spill light?
o
o
o
~
Comments: The project will provide for a revitalization of the site and project compliance with City
design and landscape standards will ensure that the site is aesthetically pleasing from the roadway.
xv. CULTURAL RESOURCES. Would the proposal:
a) Will the proposal result in the alteration of or 0 0 0 ~
the destruction or a prehistoric or historic
archaeological site?
b) Will the proposal result in adverse physical or 0 0 0 ~
aesthetic effects to a prehistoric or historic
building, structure or object?
c) Does the proposal have the potential to cause a 0 0 0 ~
physical change which would affect unique
ethnic cultural values?
d) Will the proposal restrict existing religious or 0 0 0 ~
sacred uses within the potential impact area?
e) Is the area identified on the City's General Plan 0 0 0 ~
EIR as an area of high potential for
archeological resources?
Comments: As the project site is located within the Southwest Redevelopment area, there are no
impacts to cultural resources.
XVL PALEONTOLOGICAL RESOURCES. Will the
proposal result in the alteration of or the
destruction of poleontological resources?
Comments: As the project site is located within the Southwest Redevelopment are, there are no
impact to paleontological resources.
o
o
o
~
Poe_daJly
IipIrKUt
"pod
Pot_daffy
IiipJrtC&A1
v.....
..........
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..-
N.
I.pod
Comments: The project will not interfere with recreation parks and plans, however since the project
proposes the addition of 36 unit with residential and commercial components, fees will be required. to .
be paid as per the current park land dedication ordinance fee schedule. This will ensure that impacts
to Park & Recreation are less than significant
xvm. MANDATORY FINDINGS OF
SIGNIFICANCE: See Negative Declaration for
mandatory findings of significance. If an EIR is
needed. this section should be completed.
a) Does the project have the potential to degrade 0 0 0 ~
the quality of the environment, substantially
reduce the habitat of a fish or wildlife species,
cause a fish or wildlife popu1ation to drop
below self-sustaining levels, threaten to
eliminate a plant or animal community, reduce
the number or restrict the range of a nire or
endangered plant or animal or eliminate
important examples of the major periods or
California history or prehistory?
Comments: Please refer to Section E of the Negative Declaration.
b) Does the project have the potential to achieve 0 0 0 ~
short-term, to the disadvantage of long-term,
environmental goals?
Comments: Please refer to Section E of the Negative Declaration.
c) Does the project have impacts that are 0 0 0 ~
individually limited, but cumulatively
considerable? ("Cumulatively considerable"
means that the incremental effects of a project
are considerable when viewed in coMection
with the effects of past projects, the effects of
other current projects, and the effects of
probable future projects.)
Comments: Please refer to Section E of the Negative Declaration.
d) Does the project have environmental effect 0 0 0 ~
which will cause substantial adverse effects on
human beings, either directly or indirectly?
Comments: Please refer to Section E of the Negative Declaration.
~~s -
rj-?7
wPC F:\HOME\PLANNING\STORED\1711l.94
,~
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially affected by this project, involving at least
one impact that is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated," as
indicated by the checklist on the following pages.
. Land Use and Planning
o Population and Housing
o Geophysical
o Water
o Transportation/Circulation
o Biological Resources
o Energy and Mineral Resources
o Hazards
o Air Quality
. Noise
o MandatoI}' Findings of Significance
DETERMINATION:
On the basis of this initial evaluation:
. Public Services
o Utilities and Service Systems
o Aesthetics
o Cultura1 Resources
o Recreation
I fmd that the proposed project COULD NOT have a significant effect on the environment, and 0
a NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the environment, .
there will not be a significant effect in this case because the mitigation measures described on an
attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION
will be prepared.
I find that the proposed project MAY have a significant effect on the environment, and an 0
ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed project MAY have a significant effect(s) on the environment, but at least 0
one effect: I) has been adequately analyzed in an earlier document pursuant to applicable legal
standards, and 2) has been addressed by mitigation measures based on the earlier analysis as
described on attached sheets, if the effect is a .potentially significant impacts. or .potentially
significant unless mitigated.. An ENVIRONMENTAL IMPACT REPORT is required, but it
must analyze only the effects that remain to be addressed.
6.41.,175
Date .
,. ~ -
-
~-ftJ
~~OB
wPC F:\HOMBPLANNINQlSTORED\1718 9-1
q
APPENDIX ill
CITY DATA SHEET
PLANNING DEPARTMENT
I. Current Zonin!! on site: CT
North CT
South CT
East CT
West RI
Does the project conform to the current zoning? The annroval of a rezone to CCP will allow for
proiect confonnance to the current zonin!!.
D. General Plan land use designation on site: Commercial Retail
North Commercial Retail
South Commercial Retail
East Commercial Retail
West Low-Medium Residential
Is the project compatible with the General Plan Land Use Diagram? Yes.
Is the project area designated for conservation or open space or adjacent to lip. area so designated?
No.
Is the project located adjacent to any scenic routes? No.
(If yes, describe the design techniques being used to protect or enhance the scenic quality of the
route). No.
m. Schools
If the proposed project is residential, please complete the following:
Students
Units Generating Generated
School CaDacitv Enrollment ProDOsed Factors From Proiect
Elementary Mueller 619 551. 36 .30 11
Junior High Chula Vista 1070 1430 36 .19 7
Jr. High
Senior High Chula Vista 1356 1836 36 .I 0 4
High School
.-in session, 130 students are out (year round school)
IV. Remarks: Proiect imnacts to schools are to be fullv miti!!ated as outlined in the Miti!!ated Ne!!ative
Declaration.
S //019_"5'
Date/ /
-~~:---
q-c?/
~
r\~
Environnu::ntal Conaultanti
P.02
May 15, 1995
citron Realty' Development Corp.
CIO Coronado Bay Botel Venture
Attn: Ms. Lenore S. Citron: GP/owner
4000 Coronado Bay Road
COronado, California 92118
Re: BusinesBhOllle Village Acoustical study
Dear Ms. Ci trom
We have conducted an acoustical study for the former Puller Ford
site at 760 Broadway in the City of Chula Vista. Ms. Susan Vandrew
from the Planning Department staff had identified two noise
concerns relative to development of the site as proposed. The.e
concerns were:
1. Exposure of the rear yards of existing residents on Riverlawn
to excessive site activity noise, or,
2. Excessive on-site residential exposure to vehicular noise from
Broadway traffic.
Given the previous use of the site for automotive' and truQk repair
and a. body shop in close proxillity to the lUverlawn boaes, the
question of site suitability for residential use 1s perhaps acre
pertinent than limited .ne~" site acce.s/egress noise.
Tasks that were pertoraecS to evaluate chang.. in the noi..
.nviromaent due to project iapl_entation inclUded:
1. Site ruUierhetion and obtaining plans and other input data
2. On-site noi.e lIeaaureaents
3. Measurement of parking lot activity noise at a .illiler alxec1
use development in Orange County
-: .s; ~-
/j-cfv
I1U4 $I:y hrk~. $uJ~ 210, 1l'tiM. CltJifarzzit 92714 . ~ (114) MI.ut19 . Fu (1/4) ISIoUI2
MAY-15-1995 17:00
G J ROLIX & RSSDC.
p.e3
-2-
". Evaluation at noise illpact potential and identification of any
recommended mitigation
Tbe following discussion sUmmarizes the results of the efforts in
each task.
Project Description
~e prelillinary site plan for 36 units envisioned two wpadaw of 18
11 ve/work businesses and residences separated by . ~n parldng
area. Zn the revised site plan, dated 05/08/95 and included in
this report, only. IUIIIlll separation between the northern and
southern building exists and 'two separate parklftC1 areas have been
created that are shielded from Riverlawn residence view. In the
current 8i te plan, the intervening 3-story structure. between
Riverlawn residence. and the parking areas viII preclude any
audibility of site via1t:or. whicular activity. Use of the
perimeter roadway by site residents and by small delivery vehicles
such as package delivery servioes will be the potential Bource of
impact. 1'hrough the 1IlOre contiquous building ..ss scr_ning out
Broadway traffic noise, any small impact from site-related vehioles
may be offset by equal or qreater attenuation of existing noise.
Propos.d uses tor the sits are a mixed use concept with owner-
occupied businesses on part of the qround floor of each townhouse
with parking in the rear of the qround floor and two floor. of
living spaoe above. Business uses are expected to be amall
specialty retail, professional or service-oriented offices and
specialty restaurants such as gourmet coffee, deli sandwiohes,
yoqurt, etc. Ho aUdible nois. generation trom business use is
expected at the rear of any unit in proximity to adjacent.
residences.
OIl-SU. Kol.. lleaaureaents
!foi.. .easur_ents were ade at three locations on the project
eite. Two site8 vere along the rear separation vall between the
former dealership and the adjacent resIdences (one near the former
body shop on the southern one-half of the site, one near the taller
truck repair building on the northern one-half). One IIOnitor was
located 90 feet from the Broadway centerline in a former auto
display ar.a vith an unobstructed view of Broadway. Results of
these measurements _de on February 23, 1995 near 1 p.m. are
summarized as tollows:
......'lI'!'~
~-r? 3
. MAY-15~1995 17:01
GIRCl..IX & ASSOC.
P.04
-3-
~ese readings were 1!5-Jlinute energy equivalent average. (LZQ) and
I-second maxima and miniJlla (LJlIax, Lmin). City of Chula Vista
.tandards are expressed in terms of a weighted 24-hour standard
called the COIImIunity Noise Equivalent Level (CHEL). our aonitorinq
experience in a nWllber of Chula Vista noise aonitoring prOC1Z'us has
been that Ilid-day LEQs and 24-hour CHELs are often very similar.
For example, II comparison of CNEL and the mid-day noise level at
three sites around Chula Vista are as follows:
LBQ
(11000-2 pal
CIIBL
Site 1
64.3 dB
63.6 dB
Site 2
Site 3
62.7 dB
52.2 dB
64.11 dB
51.9 dB
The cUfference between CNEL and Ilid-day LEQ is often near tero, and
generally fairly small. The baseline reacUnqs above are therefore
e reasonable repre.entation of existinq noise levels relative to
the City's exterior standard of 65 dB(A) CNEL. The above
comparison suggests that aid-day LEa noi.e level. are froJII.O-2 dB
lOWer than daily CNELs. At the locations .easured, 1:I1e former
front display area with . CNEL of 65-67 dIS(A) thus currently
slightly eXCeeds the City standard, while the former rear repair
areas with CNELs of 511-62 dS(A) ere well within 1:118 City's
quidel1nes. Residences on Riverlawn backing up to the aite
protected by the existing wall clearly have II 1111"911 margin of
safety betw.en the standard and their curre~t noise exposure.
.J~
7 - fff-
. ~'r'-15-1995 17:01
G I ROJX & ASSOC.
P.0S
-4-
Parking Lot Acti vi ty .oiae
Koise levels at the .~ge of a parking lot aerving a .txed use
development In Huntington Beach vere aonitored as a prototype for
the off-site levels that could be expected for the tormer .ite plan
that bad a direct line of sight from the parking area to the rear
yards of Riverlawn homes. The Huntington Beach facllity bas qround
floor shops and offices with upstairs residences in an .Old World"
ablosphere. Businesses include restaurants, a deli, retail shops
(especially ethnic wares), 'travel aqencies, CPAs, a tanning ealon,
etc. 1'enant and/or owner parkinq i. in a separate varage area, but
otherwbe the design concept is sillilar to the proposed facility in
Chula Vista.
A'sketch of the Huntington Beach site plan is attached. Ho18e
a..surements included a distant hum of freeway traffic plus some
arterial roaelvay contribution.. These source. vere sufficiently
r8Jlloved or 8hieleled, however, such that parkinq lot turn-over for
shops and professional offices vas the primary Doise contributor.
One-hour lIISasur_ents at the edge of the parking lot from 12:30 _
1:30 p.m. when there i. an active lunch traffic vere as follows:
LEQ .. 59.7 dB
LKAX - 81.0 dB
Lain - 51.5 dB
Becau.e the traffic peaks during the day with little nocturnal
activity, CNEL 1. likely .everal dB lower than aiel-day LEQ. If the
property line CHEL vere 57 dB(A), and thb noi.. level were
superimposed upon the 59-62 dB(A) CHEL currently experienced at the
fenceline of the Riverlavn hoaes, the COIIIbined level would be 61-63
dB(A) CNEL. The former plot plan with the parki"9 area expo.eel to
view by the residences, even without any nobe reeluction credit tor
a rear property vall, would not caUlSe City of Cbula Vista standards
to be exceedecl. With 'the revised plot plan, 'the parkinq lot
activity nois8 exposure to Off-site residents is a aoot point. Ita
only issue would be a. to how .uob on-site vehicular activity will
be aUdible to project site upper story residents.
-~-
~-t5
'MAY-15-1995 17:02
GIROUX & ASSOC.
P.B6
-5-
Ace.S5 Road Koise
As a worst-ca.e assumption, each unit was assaaed to venerate ~O
daily trips (rive outbound and five inbound) alonq the perr.eter
access. At 25 IIIph, vith lOt of traffic at n1qht~ the traffic noise
in the absence of any barrier is 50 dB(A) CNEL in the rear yards of
the adjacent residences. asswdnq that the proposed ho.es are
perfect reflectors. A level of 50 dB is not perceptible vithin an
existing background of around 60 dB. By creatinq a lIIore contiguous
3-story barrier to screen out .xistine] traffic noise frolll Broadway,
the noise reduction achieved by the project vill far acre than
compensate any hall noise !ncr_ent created by resident and 1dnor
delivery vehicle traffic on the ~0lIle peruetar road.
The above calculations are for no .eparation wall between the
project and existing Riverlawn residence.. Ko vallI. needed to
llleet noise standards. A vall aay be desirable for privacy,
security, aesthetics or other ~easons, but it is not a necessary
project COJIIponent to _et noise standards. Because inclusion of a
wall 1s not noise-driven, theheiqht is somewhat immaterial. Any
heiqht above 5 teet will reduce the perception at e.djacent bo_s of
individual vehicles passinq through the rear "alley", but only
creates an additional mare]in of safety relative to already aeetinq
City ot Chula Vista standards.
On-Site Roise Exposure
si tinq of residential uses on a commercial corridor does bave
possible noise implications. Existinq _asured noise levels
(estiuted from Short-term, daytime readinqs) at 90 feet from the
Broadway centerline are 65-67 dB(A) CNEL. Projected increase. in
traffic volumes on Broadway are sJllall such that noise "qrowth" is
forecast to be only an additional 0.5 dB(A) CHEL. With the facade
ot the closest project buildinqs somewhat closer than the gO-foot
lIeasurement distance, a Jllaxillum future exterior noise level of 69
dB(A) CNEL is forecast for the uniu clo.e.t to Broadway. The
sides of the closest buildings to Broadway vill exceed the City
standard by .. dB. The front and back of the cloee.t unit w1ll only
be exposed to one-half of the traffic. Limits in the field of view
to 50' of the traffic flow vill create a 66 dB(A) CHEL exposure at
the corner of the nearest unit. Within the. width of one unit,
nob. levels decrease by 1+ dB to create a sub-CilS dB(A) CNEL at the
exterior of all unit. except the four closest to Broadway. The CiS
dB(A) CKEI. contour approxi_tely bisects the clo...t unit.
ei ty standards tor noise at any usable exterior recreational epace
ill 65 dB(A) cm:L. State stanciards for interiors of multiple family
~ ---
A~
,;/r t' 0
. MAY-15-1995 17:03
GIROUX & ASSOC.
P.07
-6-
units is 45 dB(A) CNEL. Exterior to interior noi.e attenuation
with standard construction practice 1. 20 dB as lonq as windows are
closed. All units except the ~our clo.est to Broadway viII have
exteriors of less than 65 dB(A) CNEL. ~heir decks and porche. vill
aeet City exterior standards vi thout any supplementary noille
protection. Their interior levels will be below 45 c1B(A) CNEL _
long as residents can close their windows 1:0 lIhut out the nOi8e.
The ability 'to close the window requIre. an auxiliary 80urce of
ventilation. This requirement ls .tated in the tJBC in Sect.ion
1205(c) vhich requirell sufficient aechanioal ventilation 'to create
We air changes per hour (ACPR). one-fifth of this air IIUpply bas
to be fresh outside .ake-up air. A whole-house fan in a oentral
beatinq unIt qenerally far exceeds this requIr_ent If the syst_
bas a "Fan only" optlon.
At the four end unita abuttinq on Broadway, a eomewhat enhanced
level of noise control i. required. Exterior exposure tor the
front balconies of these units ls 65 dB(A) CNEL. The rear deck is
shielded by the protrusion of the second tloor fllll1ly room euch
that the deck outside the kitchen door will also bllVe a noise level
within City of Chub Vista standards. No exterior noille mitiqation
is requIred. The front balcony at 65 dB(A) CNEL _y not be
conducive to relaxing conversation at these units, but does not
require any supplementary noise control.
The interior of the four units closest to Broadway is thus the only
posaible location where standard des1qn practice may not be able to
achieve a reduction trom 69 dB(A) CNEL on the facade to a 45 dB(A)
CNEL in the interior. With planned windows tacing- Broadway, the
noise leakage for a standard window _y be slig-htly inadequate.
. Bas.d on preliminary room 9eoJ11etrics, we bave run the Interior
Moi.. Analysis (INA) aoc1e1. Use of slightly upqraded windows
(dual-paned sliders or a thicker glass) with a Sound Transmission
Class (STC) of 25 or higher viII allow the interior standard of 45
c1B(A) CHEL to be readily aet.
su..ary /Rec- .--ndations
Our tinc11nqs are as follows:
1. A rear property vall is not necessary for noise protection. It
i8 anticipated, however, that the existin.g rear vall, with sOllIe
cosmetic iaprov8llent, vill be retained. Maintaining a JIlinimm
wall height of 5 teet above project c;rade ill recOlllJllende4.
<t;; ~
...... ~.
/-f-t7
MAY-15-1995 17:03
GIROUX & ASSQC.
P.B8
.
-7-
2. A .echanical ventilation system which will comply with UBC
section 1205(c) i8 required as a standard teature on all units.
3. East facing windows in the four end units that face Broadway
are recOJIIlIIended to be rated at STC .. 25 or higher. !l'his rating
1s typically achieved by use of . thicker glass or by a dual-
paned Sliding window.
Sincerely,
~.e.~
Hans D. Giroux
Senior Scientist
Giroux , Associates
HOG: ai
../ cc: Ms. Susan Vandrew, city.or Chula Vista
~
..~ -efr'
.
MRY-15-1995 17:04
GlRO.JX & ASSOC.
APPEND:J:X
P.09
A. Project: Site Plan (05/08/95)
B. .oise IIOnitorinq location Ilketch for .iIlf.1ar l1vejWork
ab:ed use development
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Do any of these volumes exceed the City's Level-of-Service (1..0.5.) '''C'' design. ADT
volume? If yes, please specify. YP-S. 71f,~ ~'uF-l./'r-IJ": ~~ II ~~P-"fTL.Y
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rn:L'~ 'BEL.oW L.D..S. G .. ~Ih:~ t'nAAtc'(J:;T'lcN ~ l!,,..-y bF GIlut.A V,!t7;d.
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Case No.TS....qs -oi, .
INTERDEPARTMENTAL COMMENT SHEETS.
ENGINEERING DIVISION
l' Drainal!e
A. Is th.e project site within a flood plain? YEo?
If so, state which FEMA Roadway Frequency Boundary. 4fr. rrUWF.4T"f::.PtJ ~'r.l.r
6f:::'1'U~~,-n;.. ,.:. Wrru,1J -n..k=:... ~-~~ ClJYl~y ~IJAI't:IA~V.
. ...
B. What is the location and desaiption of existing on-site drainage faci1iti('s? 5u1Zr;~'''' J::( ,.....;
ib '8~A~.. AL-So.A ~"1ZGP M+/GI+ CoAIve'''s UPS'nlEAM ~f=1::'T'U#~~
~ s.~ Th ~.................,.....#',... J:;A.r.ILlT"Il=tII::/: -r"JI.E. 3o.D"J~ 1CIlo...~", ~'J'Zlt.Wesr:
C. Are they adequate to serve the project?~. HoII/~~.c'MI~ ~cxA.....,~ c., ~. _A'""Ear
'If not, please explain briefly"'I'" . sn--IJCl" ~ -.......-..-.....""'-___'< %:"rE>L. ..
"',.......
'./l1L AU,.,t>04J TUI!! ~., r&cP ~~rEa.~uT1!!!. ..,~
. F. , I (.lINE
D Wh 0 th 1 0 d d .. ~ ff.' "TWE~~6~ 'r '.....Nlb
. at 15 e ocatlon an escnptlon ot exist1ng 0 -S1le e fllC1lltles? ~ ~ ~p lloJ 1 T1P~ ....
~v ""HIe-if ~14!l;TT>THE:l-lob"H. A~.A- So"IZGP Z:>O.......,';O'Z'-..1.4ul> we.c>--ItGP.
DP-rHE. 301trz.GP ~&JU"~~ 114 'T?E:ur.s. .A8D~.
.
Eo Are they adequate to serve the project? Yes. /oIt)_~ G rrY 6': Go......... V,OS..... Go.I.'P,
.
If not, please explain briefly. ~~T'" Sr-l:Zo WIl.-L II!E-~~ FLL>W<. ~
t:.-v t~E.<; U~l )D>".-C'A..-A ~-rJ.I.E:. ~^-"..:'~ t;;1'Y"fJ::.. 71{~
C~~e."",y &:t~~~U 'Tf#::' <;;;rn:: VAA. A 30"
. '"
~ n z;t)Wi<l~ ~/~ Fi4e:.IL.IT7E:S w."'~
TransPortation I/'oifMEi%>rA~t..r we;grc,:: 7Hl:: ~SITE.. THIS
~-I&urrIJ~ ~ RDWS Wlu. 7ZEJ.lEve; Fl..oU>,tol(i
RlD8l.E1-lS Fl.!~ wE9T" OF NJt:> ~S'77I!5<\M
Ao What roads provide prinwy access to the project? ~D"""Y' ~ 'T"UE Rl'^'l!:i::r
~.
B.
What is the estimated number of one-way auto nips to be generated by the project (per day)?
'8' &-, A!:n"CD~ A'1'7T"' /':)veD E.I({<;r,ill: (IS!;:).
c.
What are the Average Daily Traffic (AD.T.) volumes on the,primary ICCCSS roads before and
after project completion?
Street Name
'BRoAt:>WAY
Before
..:2\'~"O
Afttr
.:2.A~t:)e..
.
--'-v=--
~-9y
r U
.D.
I.
Y5-60"3
Case No. :J:'S--<J S -f)::'
. .
H the A.D.T. or L.O.s. "C" design volume is unknown or not applicable, explain briefly.
blf4. . .
I
Axe the primary access roads adequate to serve the project?
H not, please ~lain briefly. N IA .
.
Y~;/JI'N.I ChMPL.~Ml of
G.,.1=". Prh-rF~ 9r-,~.
E.
Would the project aeate unacceptable Levels of Service (LOS) It intcrRMlnn, adjacent to
or in the vicinity of the project. site? No.
H so, identify: Location ~ tc . .
Cumulative L.o.s. ^)/A. .
Is the proposed project a "large project" Wlder the CongeStion Management Program? (An
equivalent of 2400 or more avenge daily vehicle trips or 200 or more peak-hour vehicle
trips). H yes, a Traffic Impact AniIlysis (TIA) will be required. In this case the TIA will
have to demonstrate that the project will not creaie an unmitigatable adverse impact, or that
all related ttaffic impacts are not mitigated to a level of non-significance.
Yes )( No
F.
The following questions apply if a Traffic Impact Analysis is not'required.
G. Is ttaffic mitigation required to reduce ttaffic impacts that will result from implementation of
the proposed project? Yes ')( No
H yes, please describe. ~/ A .
H. Is the project ~istent with the criteria established in the City's Transponation Phasing Plan,
General Plan Traftic Element, IIld all othcc pertinent traftic ftl,dies? Please rcf'...QICe any
other traffic impact studies for roadway ICgments that may be impacted by the proposed
project. YE~ .
L
1.
Is a traftk study required?
Is there any dedication required? 1./0.
If so, please specify. ~tA .
Yes
x
No
WI'C-~O:l2.93 Cltd.I02U3) lRd.102O.93)
~
- ~-
?f-93
t - -
YS-'-o3
Case No. Ts..q<=;-()"3
K. Is there any ~t widening required? Nt>. 71-11$ S~EJT-ZF R~,.,__v Wfl./. ElE
H so, please.specify. ~1.4 . WfC>8Jf<.b ....s 1'MR:r'~ c., .P. P/Iz,\TPrf; s.r-:~
. I
., $T12EPr"" 1?t=~I~tJI..f_~,.."~u,, T' '7"b L II
.
L. Are there any other street improvements required? YF-<;.
H so, please specify the genaaI nature of the necessary improvements.
n~ I L..,-,1iAf ~r: Y'leJnA:,.a/Avc. A-~ A~~ <J:lY""f'7I-t:: ~f"1""J' t:.1r(A1I'=~#
M. Will 1he project and ~ public improvements provide satisfactOI)' Iraffic service for
existing conditions and future buiIdollt GenaaI Plan conditions? (please provide a ~
explanation). 1;jf,c;:rNJl':o YE~. F;'TV~F 2t'1l hAlt~ VE~.
m Soils
A.
B.
C.
Are 1here any anticipated adverse gWtechnica1 conditions on the project site? VIoJI4I,., .v1J
H yes, specify these conditions~ "'1.4
. Is a Soils RepOI1 necessary? YE.o;:. ~I"R "Tl>'TJ.IE. 1~,",e.E 6F 4:;/l1A"Dlo.Je. ~jil..
.
BUll..1:>11oJ& ~t:T5.
IV. Land Form
A. What is the average~lope of the site? .;l%
B. What is the maxin1um~slope of the site? ..:2%
V. Noise
Are there any traffic-related noise levels impacting the site 1hat are significant enough to justify that
a noise analysis be required of the applicant? Yet ~<=h ~I btlIc!::s AlZ..E. <:&1~""/vc:.
. l2E-c,. ~s ~ ~AY fi66 ~'T1VEc..y
VL Waste Generation H ~U i?AFFIt:. VDLuMS>.
How much solid and liquid (sewer) waste wiD be generated by the proposed project per day?
Solid ~ ~u~
Liquid ~ ~ 'I (w>.qr; ~7><k).
What is 1he location IIld size of existing sewer lines OIl or downstream from die lite?
~ III Vl'..P IAl 1?"~AY TJ.bI,.-r- Set=(N~ AT" -ruE!-. ~ F'"Mb 1'51= -rH1:!.. ~~~p:'~
. .. ~j.ffc.H~ .
~"""~L"'- AAI~ e::i -~~ A.I_4T"2n~M. ~~. Al.~ A-IJ ~ V~ IJI5A 1A/r~JI> '-V
, . '/
PttL>P~1l2:rY I.JMIlE. AND k1I-1/GU CI ~c::: WF..~At?,..,.
Are they adequate to serve the proposed project? (If no, please explain) Yes.
Q.....-
-~-
~ 9~
F",- r
"'PC:F'~on93 (Ilo{.I02I,93) (lld: 1020.93)
~
Y5-(;o"3.
i
~
. Case No. rs -'1 5-1'>3
vn. ]'lational Pollutant Discharl!e Elimination SYStem CNJ'DESl Stormwater Reouirements
Will the applicant be required to file a Notice of Intent with the State Water Resources Control Board
for coverage under an NPDES Stormwater Permit? ~(") ,
.If yes, specify which NPDES pennit(s) and explain why an NPDES permit is required. ,,!hA .
Will a Storm Water Pollution Prevention Plan (SWPPP) be required for cbe proposed project?
Yes X No
Additional comments ~t...
VIT. . Remarks
Please identify and discuss any remaining potential adverse impacts, mitigation measures, or other
issues.
,
-De
City En .
or Representative
.:,;~
14h/
Date
~- 95
tIJlC:F:~on93 (Ild.ID2I.93) (Rd: 1020.93)
FI.l.If'
I
,
FIRE DEPARTMENT
Case No..JS-95-o3
A. What is the distance to the Dearest fire station? &!! what is the FJI'C Dep81tment'. estimated
eaction time? ~,.uL~~ - 4-,,;;' .
B. Will the FJI'C DepAtll.""d be able to provide an a:lequate level of fire 1".At..aon for the
proposed faciIjty without an inaease in equipment or peISOIlIlel? ) / ,c S
c.
Remarks ~r O~ uA./UC.~..... ~~r
(/
. .
,
.p'
~
l ~arshal
Id-o /C. - 91-
Date
~
-~
~~90
~02l.fJ lJ4f.lll1l.fl) (Rd: 1020.fl)
,.- r _' J
(
CHULA VISTA FIRE DEPARTMENT
BUREAU OF FIRE PREVENTION
PLAN CORRECTION SHEET
Address 7t~ ~~AY Plan File NO.~;3 Checker;t?~f Date /o)o/t-tj4
Type Constr. J/-,I./ OccupancyB'., Ii? S' No. Stories .5 Bldg. Area 77, 4n dJ
The following list does not necessarily include all errors and omissions.
PROVIDE AND SHOW ON PLAN:
"
/ - M' ,..eM.- R7"'~"~'" E".... r:>
7;57>>(. kf'D O,v 1/-# ~SrAc.,.LrA>
I~ 'Z 570 Y.rl.
.
.Iv/77/
77. 4a iii
~./l- dJ..s; ~ d7
/ /J 1.;1/ 7'n dJ
c.. - o2S
~- .0. , 711 Ib
~
4. ';-$(1 r-
4 nv $'~
4~ ...,
~c) ;pn
02-
\
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~.
4- ytf /?t~ s~....
s". ..r~!'lr.s %-/..t:u;r
t. hAt ~CfSS - H/,v/;;,,~
lj;) IJ~
/AJ;U bf
I7'.<F
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.
Scr
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.
/'" 1'.;)
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d-t> If., (,v/j),
~ .23 ;;
FPB-29
7- '- 9 '7
PARKS AND RECREATION DEPARTMENT
Case No. /5-15-(8
A. Is project subject to Parks and Reaeation Threshold requirements? 'r1l:.'S.
If not, please explain.
. B. How DWly acres of parkland are ~sary to sene cbe proposed project?
C. Are existing neighbomood and c:ornmunity parks IlCaI' cbe project mcquate to lClVe the
population increase resuhing &om this project?
Neighborhood fJo
Conununity Parks JJ-o
D. If not, are parkland dedications or other mitigation proposed as pan of ahe project adequate
to serve the population increase?
Neighborhood r~
Community Parks 't;:'S
Eo To meet City requirements. will'aPPlic.nt be required to:
Provide land?
Pay a fee? 'y.r.'S-
F. Remarks: ~cs, 1b ~\i:" ~" ~ f'f'i&. ~
cv.~ ~/L('IY.' ~\c&i1~ Df-(.:\~~
\,~ <;.c.1\PO~.
t-1=. "\~~
Parks and Recreation Director or Representative
~.~~1J--
Date
~--
q-9f
~~02l.fJ ca.r,ID2U3) (aof,I020,93)
~
ROUTING FORM
, DATE: . August 22,1994
TO:
FROM: .
Ken Larson, Building & Housing
John Lippitt, Engineering (EIR only)
Cliff SWanson, Engineering (EIR only)
Hal Rosenberg,Engineering (EIR only)
Roger Daoust, Engineering (IS/3, EIR/2)
Richard RUdolf, Asst City Attorney (Draft Neg Dec & EIR) ,
Carol Gove, Fire Department
Harty Schmidt, Parks & Recreation
Crime Prevention, Police Department (H.J. D:Losdado)
COlllJllun:Lty Development, Redev. Economic Dev. only
CUrrent Planning
Duane Bazzel, Advance Plann:Lng
Bob Sennett, City Landscape Architect
Bob Leiter, Planning Director
Chula Vista ElementarY"school District, Kate Shurson
SWeetwater Union H.S; District, 2'om Silva (IS & EIR)
Haureen Roeber, Lib,rliry (Final EIR)
LAFCO (IS/Draft EIR - If annexation is involved)
Hatin Hiller, Project 2'racking Log (route form only)
Other
.'
Joe Monaco
Environmental Section
SUBJEC'1': Application for Initial Study (IS- 95-03/FA- 657 !DO III )
Checkprint Draft EIR (20 days) (EIR-_/FB- IDO )
Review of a Draft EIR (EIR- !FB- _/DP )
Review of Environmental Review Record (FC- ERR- )
Review of DraftNeg Dec (IS- /FA- !DO- )
2'he Project consists of: 36 attached residential units with conmercial
space on the 1st floor.
Location: 760 Broadway (Fuller Ford Auto Dealership site)
"
Please review the document and forward to me any COlllJllents you have
by September 1. 1994 '
COlllJllents:
. -:;r.1 ~-91
~ ~ v.uh~ S!II/9S-
-rrV??1- '/Jt'v.~'. ~~~
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CHULA VISTA POLICE DEi. ,~TMENT
CRIME PREVENTION UNIT
PLAN REVIEW RECOMMENDATIONS
,!
".",
DAlE:
iO-1.{ -ql../
~ mo-n.u.U, 8YlVI('en""u~
th~D~O-s ~cL> I S;QPS
(%roa~ ~1M.t-;lUS 1~ /AGJ..lU)L
I,
;. ,
.
TO:
VIA:
FROM:
PROJECT: J:S qc;--O ~
..k2 The Crime Prevention Unit does not have any comments regardini this project at this time.
- Information on the project, or within the plans, does not provide enough detail to permit
crime prevention analysis.
p. Please forward the following information to the Crime Prevention Unit when available.
~ Elevations
;><:> Floor Plans
..,12 Landscape and Lighting Plans
~ Site Development Plans
Comments:
(Ln rl
.
~CIJ~-r' V-{,: .
crhlt.i /,l).t'tL~~
(j /
cc: Brookover, SCA
--~ - -
~-/b-O
CI'ffiO Routing Form
PD/cpu 06i93
~
I
Case No. /5-15-03
LANDSCAPE PLANNING
A. Does the project affect native plant communities?
If so, please identify which communities.
Will the project require native planting? (please desaibe)
B. Please identify any imponant or lUghIy visible hmeides on or afjacent to Ibe project.
What landscaping conditions 'elf any) will be required for these hillsides?
C. Of the total area to be devel~, how much, and which areas are expected to be replanted
and require supplemental watering? (please desaibe).
E. Are there any ot!>er landscape requirements %mitip"9P for the project? 7~~~
~!:2~~~_/- ~~~ oL-~-:~
,0
c-L~e-Z7
City Landscape AJchitect or Representative
~':.3-- /.1 '
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WPC:F:~on93lJ4f, 1021.93) (ad, 1020,93)
... _ 1
10ARD OF EDUCATION
oOi8'H D, WM<<lS, Ph.D.
&WlON GIlES
PATRICl( A J..OO
PAIAElA 8, SMITH
IIIQ; A. 6l'EYIER
SUPERINTENDENT
L8IA &. GI.. Ph.D,
1
CHULA- VISTA ELEMENTARY SCHOOL DISTRICT
84 EAST "J" STREET . CHULA VISTA, CALIFORNIA 91910 . 619 425-9600
EACH CHILD IS .AN INDMDUAL OF GREAT WORTH
January 6, 1995
Ms. Susan Vandrew
City of Chula Vista
Environmental Section
276 Fourth Avenue
Chula Vista, CA 91910
RE: 36 Attached Residential Units with Commercial Space on the 1st
Floor
IS-95-3/ FA-657/ DQ-111
Dear Ms, Vandrew:
Thank you for providing information on the above-referenced project for our
review and comment.
This project is located in the Mueller School attendance area. This school is
a five track year-round school, operating substantially above capacity. In
order to accommodate children resulting from this project, the District
requests that this project annex to Community Facilities District (CFD) No, 5,
Attached is a copy of a previous response to IS-9~3 on September 1,
1994,
If you have any questions, please contact my office,
Sincerely,
M~
Kate Shurson
Director of Planning
KS:dp
cc: Tom Silva
Josef A Citron
L:76Obwoy
,-~
~
q-/D'}/
80 OFEOUCA11ON
I:lSEl'H 0, CUI.I.4INGS. Ph.D,
LAIIflYCUNNflGHAM
SHARON GlES
PATRICI( A. JUDD
GREG R. SNlDOVAl.
~ENT
LIB.... s.' Gl. Ph.D,
CI'TIJLb VISTA ELE1\ffiNTARY srqOOL DISTRICT
( , i '
84 EAST "J" STREET . CHULA VISTA, CALIFORNIA 91910 . 619425-9600
EACH CHILD IS AN INDIVIDUAL OF GREAT WORm
September 1, 1994
'\ . J
~ ,"
~l ,'.~/
~ I'
~. ~ ~
/,'V... , ~
;r q.l ~
Mr. Joe Monaco
Environmental Review Coordinator
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Re: IS-95-o31 FA-657 1 DQ-111
Project: 36 Attached Residential Units With Commercial Space
Location: 760 Broadway
"
Dear Mr. Monaco:
- -
,
.' ,
.. -
. . I .
This is to advise you that'the above mentioned proposed project located at
760 Broadway, is within the Chula Vista Elementary School District which
serves children from Kindergarten through Grade 6.
District enrollment has been increasing at the rate of 2-112 - 3 percent over
the past several years, and this is projected' to continue. Permanent
capacity has been exceeded at many schools and temporary relocatable
classrooms are being utilized to accommodate increased enrollments, The
District also buses students outside their attendance areas, both to
accommodate growth and assist in achieving ethnic balance,
State law currently provides for a developer fee of $1.72 per square foot of
assessable area to assist in financing facilities needed to serve growth, The
fee is split between the two school districts with our district receiving
$,76/sq. ft, and Sweetwater Union High School District (SUHSD) receiving
$,96/sq, ft. This fee is assessed for new construction and
additions/remodels of over 500 square feet. The State law also provides for
a developer fee of $.28 for non-residential (any new commercial space
proposed for the first floor) to be charged. The fee split is $,13 for our
district with SUHSD receiving the balance of $.15 per sq, ft,
. ..,.~". .~
Since developer fees currently allowed"" \1l1der State law provide
approximately twenty-five percent of the facilities costs to house new
students, the District encourages developer participation in alternative
~~
~-IZ>-3
,. . ~ .
Septerr' '~r 1, 1994
I
Mr, JOt.__'lOnaco
Page 2
.
.
financing mechanisms to help assure that facilities will be available to serve
children generated by new construction, We are currently utilizing
Community Facilities Districts (CFD's) as one method to help fund this
shortfall. Participation in a CFD is in lieu of developer fees, with school
mitigation paid by the homeowner in the form of a special tax.
The subject project is located in the Mueller School attendance area. This
school is presently operating over capacity, and an alternative financing
mechanism, such as participation in or annexation to a CFD is
recommended.
If you have any questions, please contact this office.
Sincerely.
~~'d.
Kate Shurson T
Director of Planning & Facilities
. -
KS:dp
-:itwr......~
c.c: : {f1'tNo,. ~
. '11.:"., ~ ':~
~
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Sweetwater Union High School District
ADMINISTRATION CENTER
1130 Afth Av.nu.
Chula Vial.. Callfornl. 01011.2896
(619) 61l1-SSOO
I.
-. .
...'I.I( IU" r
, ...1 ";:;."..
t....;;;.
Division of Planning and Flcllitles
PLI>"."..
,"" VI, I''''''
f 'f~
January 4, 1995
Ms. Susan Vandrew
City of Chula Vista
Planning Department
276 Fourth Avenue
Chula Vista, CA 91911
Dear Ms. Vandrew:
Re: IS-95-3/Broadway Business Homes Village
Thank you for the opportunity to respond to the Initial Study prepared for the
above subject project. It is loCated in the Chula Vista Junior and Chula Vista
High School attendance areas. According to the CBEDS enrollment taken on
October 12, 1994, Chula Vista High is operating at 112 percent capacity and
Chula Vista Junior High School is at 99 percent. Any increase in enrollment at
these schools will impact the facilities,
The proposed mixed use project has the potential to add approximately twenty.
one new students to the District (fourteen high school and seven junior high
school students),' The District's student yield rates are 0.19 students per
household for high school and 0.10 students per household for middle school.
The project's impact can be shown as follows:
USE UNITS/AREA CHULA VISTA JR, CHULA VISTA HIGH TOTAL
Residential 36 Units 3,6 6,84 10,44
Commercial 34,620 SQ, It. 3,6 6,84 10,44
Total 7,2 13,68 21
~'
~- //)5
(
'-
Ms. Susan Vandrew
January 4, 1995
Page Two
"
The commercial impact has been derived using a SourcePoint Study prepared in
1990 which specifically analyzes non-residential development's impact to
schools. Enclosed for your reference is the worksheet used to estimate the
impact the commercial portion of the project may have on the District.
The District has traditionally responded to such projects by urging the City not to
approve them unless they're conditioned such that they are annexed into a
Mello-Roos Community Facilities District. However, the District and the City has
reached an understanding that the projects within the redevelopment areas
would not be placed In a Mello-Roos District. Rather, mitigation will be
consistent with the recommendations accepted by the District after the
completion of the current SourcePolnt Study of non-residential development's
impact to schools.
This project's impact should be fully mitigated. The District requests that its
mitigation be consistent with the recommendations which arise from the new
Source Point Study undertaken by the City of Chura Vista, Sweetwater Union
High School District and the Chura Vista Elementary School District.
If you have any questions, please feel free to call me at 691-5553.
Since~ely,
/
.-
/ ,,'
<':I..-I-J!;..,/~ ~ ~ -t.: ~
, ....,
Thomas Silva
Director of Planning
TS/ml
enclosure
c: Kate Shurson
-~
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(
\
WORKSHEET
Proposed Development Type;
Classlficet/on
Neme:
Locet/on;
Size:
Mixed Use Commercial & Residential
Commercial
Broadway Business Homes Village
, 760 Broadway'
34,620 sq. ft.
1. Estimate number of new jobs created by development
34620 sq. ft.
x 0.001807 empllsq.ft. .,
63
new jobs
2. Estimate new workers living in District by development type
63 new jobs x 0.651 ELF. ~ 41 new resldent employ..s
3. Estimate new households (hh).
41 employees x 0.873 hhlempl. ~ 36 households
4. Estimete new student enrollment
36 hh 0.29 stu.lhh ~ 10 new atudenu enroDed
. The employment locetlon factor (ELF) for the development type Commerciel Shopping
wes celculated using the trip length cut-oft of .647 minutes defined by the
District Geographic Locetion Factor (GLFI.
~
~
;t-/ -I D 7
j
~
SANDAG,XLS
Sweetwater Union High School District
ADMINISTRATION CENTER
1130 Aflh Av.nu.
Chula Villa, CalifornIa 01011-2896
(e111) 1l~H5SOO
..
--,-."
---
Dlvlalon of Planning and FacllltJe.
-~
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....,. 10~;:
""'. ':
August 24,1994
Mr. Joe Monaco
Clfy of Chulo VIsta
Pfomlng Deportment
276 Fourth Avenue
Chula Vista, CA 91910
. #.,
4
SiP "
, :
"," '
Dear Mr. Monaco:
Re: Broadway BuIInfW HOlM V1Jk;1ge/MlXfId UN Project
36 Un", with ComtnerclalllH '
The above subject proposed project will Impact the Sweetwater Union High
School District. Payment of school fees does not adequately mltlgate the
anticipated costs to provlde classroom space. The present maximum fee rate of
$1.72 per square foot of residential area and $0.28' per square foot of
commerclal area .account for less than one-thlrd the cost. Because of this.
whenever possible, the District requests that the appllcont fully mltlgate project
Impac1s. This project's particIpation In the DIstrIct's Community facilities District
No.5 would satisfactorily mitigate Its Impacts to schools,
I request that the City of Chula VIsta condition any approval such that 011 school
facility Issues are resolved to the District's satisfaction,
-.~,~
Thomas Sliva
AssIstant Director of Planning
15/ml
~
c: Kate Shurson. Chula Vista Elementary School DIstrIct
~~
'~~ I ZJf
'.
(
SWEETWATER AUTHC'- 'TY
505 GARRETT A VENUE
POST OFFICE BOX 2328
CHULA VISTA, CALIFORNIA 91912-2328
(619) 420-1413 '
FAX (619) 425-7469
.JJ.f.:r: !1 ..-
v..... ;...;::-::
v..._
GOVERNING BOARD
BUD POCKLINGTOH. CHAIRMAN
GEORGE H. WATERS. VICE ~IA"'AN
SUE JARRETT
fOWtN J. STEELE
MARGAReT A.. WELSH
.lAMES S. WOlHIEMCZ .
CAAY F. WAtGHT
WANOA AVERV
TREASuRER
DIAN J. REEVES
SECRETARY-AOMIt4ISTRATIVE AIDE
January 3, 1995
r~, .' ",
'.'''.':\.'-:.t
Mr. Douglas Reid
City of Chula Vista
Planning Department
276 Fourth Avenue
Chula Vista, CA 91910
Subject: WATER AVAILABILITY
PROPOSED MIXED USE RESIDENTIAL/COMMERCIAL PROJECT
760 BROADWAY
CASE NO: 1S-95-03
SWA Gen. File: Water Availability, 1995
Dear Mr. Reid:
This letter is in response to your Notice of Initial Study for the
subject project within the Sweetwater Authority service area. There
is a S-inch water main located on the east side of Broadway
adjacent to the proposed development. Our records lndicate that
there are four water services to this property. Enclosed is a copy
of 1/4 SEC. 164 map which shows the existing water facilities.
At this time, we cannot comment on the adequacy of the existing
system to provide fire protection for this, project. As plans
develop for structures, the owner must submit a letter to the
Authority from the appropriate fire agency stating fire flow
requirements. Based on this requirement, this project may result
in the need for new vater systems or substantial alteration to the
existing vater system. The Authority recommends that your Agency
work with ours to determine if the existing water facilities are
adequate to meet the added demands prior to issuing a building
permit.
Also, the Authority is concerned that the timing for this project
will be such that the installation of new services and the
abandonment of existing services will take place after this portion
of Broadway has been reconstructed. The Authority's main is
located on the east side of the street which will require trenching
across the entire newly':"constructed street. In addition, the
installation of services will be very costly due to the thickness
of the new pavement.
-&-~~
~-/tJ 9
A Public Agency, ,
Serving National City, Chula Vista and Surrounding Areas
(
/-,
Mr. Douglas Reid
city of Chula vista
Planning Department
Re: WATER AVAILABILITY
PROPOSED MIXED USE RESIDENTIAL/COMMERCIAL PROJECT
760 BROADWAY
CASE NO: IS-95-03
January 3, 1995
page two
If the owner provides the required fire flow information and enters
into an agreement for water facility improvements with the :
Authority, water service can be obtained at a pressure ranging from
a maximum of 85 p.s.i. to a minimum of 75 p.s.i.
If you have any questions, please contact Mr. Russell Collins at
420-1413, ext. 639.
to.-
Very truly yours,
C ~~TER AtrrBOIUTY
, ~.~
J es L. S~Yttt / I
ief Engineer
JLS:RC:ln
enclosure:
photocopy of 1/4 SEC. 164 map
pc: Russ Collins, Sweetwater Authority
Citron Realty & Investment Corp
5000 Coronado Bay Blvd.
Coronado, CA 92118
k:\lorelel\wp51\T6Ot<<NId.ltr
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MAR 29 '95 12: 21PM S:.EF~':ATER AUTHORITY ,_ ,
, ! 'sWEETWATERAUTHORJ). l_
P.2/3 '
605 GARRETT AVENUE
POST OfFICE BOX 2328
CfiULA VISTA'. C,t.LIFORNIA 81812.2328
(018) 420-"'3
FAX IOle) 025-7069
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~
Karch 28, 1995
QOVCIltNIHO eO"llm
.~ POQ(uHO'fOtol. CtUIRMA.~
OI~Qf. I( WAT.".. YlCt CHAllI'.UAH
'UI.M.~"ln
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"""CIA"C:T A. WIll... .
"MID .. '-O(.NIPlICZ
e&JIIy *. t1nuo.n-
WANDA AVlJrr
T"f......l"
DCAN ". "llvo
"'Cfll'TA""-ADM""T~TNI AtDf
Jos.t an~ Lenore Citron
Joelen Enterprises
8000 Corona~o Bay Blvd,
Coron.~o, CA g2118
Subjectr CHOU. VISTA FIRE FLOW AVAIIABILI'l'Y'
760 BROADWAY
SWA DEV. FILE r CITRON KIXED-USE DEVJ:IDPMENT
Dear Kr, and Kr., Citron:
:
The 7500 GPM fire tlow at 20 p..,i.' residual pressure for a 2-hour
duration, as requireci by the city ot Chula Vista l"ir. Department,
is l12t available to serve the above-reterenced prcject. The
Authority doe. not feel that this requirement can be met without
millions ot dollars of upqrad.. to the existinq water
infrastructure, The maximum available tire flow with no upgradell j
to the .ystem is approximately 2800 GPM,
The tire department has indicated that it a fir. aprinkler systelll
i. added to this development, the required tire flow can be reduced
to 3750 GPM. This flow can b. met if the developer inatalla 600
1..1", of 12-inch main in Broadway, trom "K" St. to the mid-point ot
the proposed ~velopment. This is in a aecticn of Broadway that is
currently be! q reoonstructed by the city of Chula Vhta, In
addition, any required water .ervices will probably result in the
excavation or the newly construct.d street. Also, we have no
inrormation reqardinq domestic, irri98tion and tire sprinkler vater
demands that would expeciite thell~ installations prio~ to the street
reoonstruction,
Very truly youra,
SWEETWATER AUTHORITY
(
~~
es 1., Smyth
Chier Enqin.er
JLSIRC:le
/
kl\IIU~I.'I.tt.rl\.ftron.ro
~
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A Pwblic AIe~.
Servinz National Cit)', Olula Vista and SUn'Ollndinz Areas
~iA" 29 '95 12: 21Pi1 SWEFTCJATER AUTHORITY
. .
..
.
Jo..f and Lenore Citron
Joelen Enterprises
Re: 'CHULA VISTA FIRE FLOW
AVAILABILITY, 760 BROADWAY
March 28, 1995
paqa 2
pc: Me, Carol Gov.
City of Chula Vista
Fire Department
447 "F" Street
Chula Vista, CA 91910
Mr. Roberto Saucedo
Citi of Chula Vista
En9 neerinq Department
276 Fourth Ave.
Chula Vista, CA 91910
:; '~- //3
P.3/3
Ja.usry 13, 1995
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Dotldas Reld
EftTlroRme.tal ReTlew CoordlR4tor
Ca.eN IS - 95 - oJ
We, the rollowl.~ resldexts or the 700 blook or RITerl... ATe"
request that the ourreat approxlaately 20 toot hl~h _11
ruaal.~ .l~ 763 ..d 767 RITerl... ATe be ret.l~d, ..d, It
poss1ble.a1o.~ the eatlre property 11ae to protect"the ourreat
2-1 resldeats fro. the .dTerse .01se .ad trafflo CAused b.1 the
3 1/2 story eoaaerol.1 deTe10paeat purpos6d bJ Cltroa Rea11t7 A
IaTest.eat Corporatloa (tile I 15-95-03). -
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.{.f-T0 '0. ~
. J' 6tit': ..a' Mar1 Cooper----
767 RITer1... ATe
~h1l1a ~: C!& ~1~,10
~ii:1 .J7 J~~s
V 745 R1Ter1... An
Chait Vista CA 91910
~;;t!;;e~
724 RiTer1... ATe
Chult Vista, CA 91910
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APPL!(A TlON c."u'iN' B ,CCEPTED UNLESS SITE
, ,
PLAN IS FOLDED TO FIT INTO AN 8-1/2 X 11 FOLDER
--Re.;\sed si.k't>laf\
.'
For Office Use oiuy
Cue No, 15- 41j -03
DPSLAmntJ/t!!!Il
Receipt No. '
Dale Rcc'd. .
Accepted by ~
Project No. FA ~l
DpSL NO~- I
CIP No. .
Related Case No.
INITIAL STUDY
City of Chula Vist:J
Application Fonn
A. BACKGROUND
I, Project Title BROADWAY BUSINESS HOMES VILLIAGE
2. Project Location (Street address or description) 760 Broadwav
Assessors Book. Page & Parcel No, 571-200- 13 thru 17
3. Brief Project Description 36 - Units conc;f!;tfng of Buc;fnpc;c;pc; "rfnd,,~l1y nn
the first level & r~~idp.ncpc; nn thp IJnnpr , 1" c;tnripc:
4.
Name of Applic:ull Citron Realty &
Address 5000 Coronado Bav Road
City Coronado
Name of Preparer/Agent Jose'f A. Cftron,
Address Same as above
City
Relation to Applicant
Indicate all permits or approvals and enclosures or documents required by the Environmental
Review Coordinator,
s.
Investment Corp. ? Josef & Lenore Citron
Fax# 423-0884 Phone424-4474
State CA Zip 92118
Lenore S. Citron
,
Fax#
State
Phone
Zip
6.
a. Permits or approvals required.
_ General Plan Amendment
_ Rezone/Prezone
_ Grading Permit
_ Tenwive Parccl Map
_ Site Plan &: Arch, Review
_ Special Use Pennit
_ Design Review Application
_ Tentative SuM Map
_ Redevelopment Agency OPA
_ Redevelopment Agency DDA
_ Public Project
Annexation
_ Specific Plan '
Conditional Use Permit
Variance
_ Coa.~laJ Developmenl
Other Pcnnil
If project is a General Plan Amendment and/or rezone. please indicate the change in designation from
~ to crp
b.
Enclosures or documents (as required by the Environmental Review Coordinator).
2- Arch, Elevations ll- Hydrological Study
-L- Landscape Plans- per arch. pl aIL- Biological Study ,
Tentative SuM Map Archaeological Stuey
X Improvemcnt Plans = Noise Assessment
...J:J.... Soils Report _ Olher Agency Permit
...J:J.... Gcotcchnical Rc(X\rt Olher
_ Grading Plan
_ Parcel Map
Precise Plan
::: Specific Plan
_ Traffic Impact Report
~ Hazardous Waste ASSCS,'IllC!l1
.CV" = City of Chula Vi~ta Redevelopment Agency has. ~
~ -1/5
~
Wp"~'.F'Jf().'U:':'ld,,'~I~.(: .',:'.klJ)\J:':: -\ '1' ,~t': .1'~!I'1l1 !~d :'l~: ,,'I
3,
'.
I.
525' X 210'
LUll..! AJC~: sQU:1JC fOf)I~~e ,or ~crCJ;~
If land arca 10 be dcdic~ICd, st;:re acr,c~g~ and pU"F"sc,
a,
2,52
c. Docs the- project lnvolv<= tht: ~on:)truc::()n ot nc:v.. t"uiIJings. or will e:<isring 'ialJ~(Ure be
ulilize,j" New '.:onstruction
.,
ComplCle this section if projecl is residcnrial oc mixed use,
a. Type of developmem:--L Single F:unily _ Two FJmily _ Multi F:unily
Townhouse Condominium
b, Total number of structures 4 - consistinQ of 36 units total
c. .Maximum height of struCtuces 3 1/2 Stori es
d. Number of Units: I bedroom _-0-
2 1/..2bedroom -2Q.
3 bedroom _ 16"
4 bedroom ~
Total Units 36
e. Gross density (DUltotal acres), 2.52
, ,
f. Net density (DU/total acres niinus any dedicalion) 2.52 Mless, streets:.' si dewal lei,
. . . : ! , pedstrian promenade (sidewalks)
g, Estimated project population 123 '
h. Estimated sale or remal price r.l11ge S199.900 - 5249.900
1. Square footage of structUre 1,892 - 2,183 (See Exhibit He I
, j. Percent of lot coverage by buildings or Structures 3 O~
k. Number of on-site parking spaces to be provided 154
I. Percem of site in road and paved surface ~d Paved Surface 4R~ '
Landscape + Ped. Pavew~y 20%
Building Footprint 28%
Complete this seclio~ if project is commercial Qr'L'ldumia! or mixed use, P ri v. .).a nd sea pe 13%
a. Type(s) of land use Pl ease see #2
'b, Floor area Height of stru=s(s)
c. Type of construction used in the structUre
d, Describe major access points to the structUres and the oriemanon to adjoining propenies
and stceelS
e, Number of on-site parking spaces provided
f. Estim;lled number of employe::s pershjft
Number of shiflS Total
g, Estim~[cd number of custumers (per day) and basis of estimale
-~
/f- / /b
',:.:f('F:..HC~E'.PL-\.\o::-.-t';" ';7'.;.;f..i).I(l~:..\." ,....c: :'1;" -':1 cR.: ;':~:i\,
I
h, Estim",ed nber of deliveries per d~y ,Not )wr.t thi s time
I. Estimated range of service area and b:lSis of estim:ue Not known at thi s time
j. Type/extent of opentions not in enclosed buildings None known
k. Hours ofopention Not available at this time
.
I. Type of exterior lighting Decorative Mall Liqhts
4. If project is other than residential. commercial or industri.aJ complete this section.
a. Type of project
b. Type of facilities provided
c. Square feet of enclosed SUUClUres
d. He~htofstructUre~).m~mum
e. Ultimate occupancy load of project
f. Number of on.site parking spaces, to be provided
g. Square feet of road and paved surfaces
h. Additional project characteristics
C. PROJECT CHARACTERISTICS
1. Will the project be required to obtain a pennit through the Air Pollution Control District (APCD)? ,
No
2. Is any type of grading or excavation of the property anticipated? Offsite & Utilities ,onlv
If yes. complete the following:
a. Eltcluding trenches to be backfilled. how many cubic yards of earth will be eXc:Jvated?
b, How m:l1lY cubic yards of fill will be pl:JCed?
c. How much area (sq. ft. or acres) will be graded?
d. What will be the: Maximum depth of cut '
Average depth of cut
Maximum depth of fill
A verage depth of fill
-Ji~
~-//7
WPC.F;\H"f\tr.P1.A."SI:-:C.)":,....kw..J{I;~. .\.'.1.1 tlotc( ;1;::1.", (kef :n:~"'t,
~
], Describe all i~..erIonsuming devices which are pan ,)& .roposed project and the type of
energy used (air conditioning. eJecuic:lI appliance. heating equipment. etc,)
Standard residential 'lighting ~ office & store lighting, probably
principally flourescent
.4, Indic.1le the amou!)t of natural open sp:u:e Ihal is pan of the project,csq, ft. or acres)
None'
S. If the project will result in any employment opportunities describe the nature and type of these
jobs. 26 light commercial & office jobs
6. Will highly flammable or potentially explosive materials or substances be used or stored within
the project site? No
7. How many estimated automobile trips.. ~r day. will be generated by the project?
Per SANOAG for commerical & residential
8. Describe (if any) off.site improvements necessary to implement the project. and their points of
access or connection 10 the project site. Improvements include but not limited to the following:
new Streets; street widening; extension of gas. electric. and sewer lines; cut and fill slopes; and
pedestrian and bicycle faCilities. See Plot Pl an the Rede,velopment District 's
Preliminary Site Assessment Report dated October 26, 1992.
D. DESCRIPTION OF ENVIRONMENTAL SETIING, (NOTE: 1,2,5 & 6 are answered in Chula
Vista City Assessment document)
1. Geolol!v
Has a geology study been conducted on the prOperty? See note
(If yes: please attach)
Has a soils report on the project site been made?
(If yes. please attach)
2. HvdrolOl!v "
Are any of the following features present on or adjacent to the site? See Note
(If yes. explain in detai1.)
a. Is there any surface evidence of a shallow ground water table? No
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{
b, Are tk.c , watercourses or drainage irnprov( 11 'n or adjacent 10 the site?
No
c. Does runoff from the project site drain directly in to or toward a domestic water supply.
lake. reservoir or bay? No '
, d. Could drainage from the site C:Juse erosion or silt:Juon to adjacent are:JS? No
e. Describe all dr:1inage facilities to be provided and their loc:uion,
3. Noise
a. Are there any noise sources in the project vicinity which may impact the project site?
No
b. Will noise from the project impact any sensitive receptors (hospitals. schools. single-
family residences)? No
4. Biolo\!V
a. Does the site,involve any Coastal Sage Scrub vegewion? No
b. Is the project site in a natural,'or partially natural swe? No
c. If yes. has a biological survey been conducted on the property?
Yes No (Please attach a copy.)
d. Describe all trees and vegetation on, the site. Indicate location. height. diameter. and
species of trees. and which (if any) will be removed by the projecL No
, S. Past Use of the Land
a. Are there any known historical or archeological resources located on or near the project
site? See note
b. Are there any known paleontological resources?
c. Have there been any hazardous materials disposed of or stored on or near 'the project site?
d.
What was the land previously used for?
"
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6. Currenr Lana sc I
a, DeScribe all structures and land uses currently e'xisting on the project site,
See note
b. Describe ill structures and land uses currently existing on adj:JCent property.
North
South
East
West
7. Social
a. Are there any residen[S on site? No If so. how many?
b. Are there any current employment opportunities on site?
If so. how many and what type?
8. PleaSe provide any other information which may assist in the evaluation of the proposed project.
,
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AUG-1C-9~ THU 1,1
B. S-;ER~CA nON
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I. u CIWtlCt/owncr in uc;row"
Josef A. Cftron
Lenore S. Cftron
Print name
or
I. _!tant or -sent.
Print D&IM
f<4:::>3ce0-1
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P.02
HEREBY AFFIRM. lba1 to the best of my be1Icr. dJe JWCmcnm and fnformadon beIdn ~C.Ined II%W LD III
respecll tr\le and correc:r and dial all tnowa lafonnatlon concemlni the projel;t and b ICttInJ .u bc:cn
, ,
JncIude4 In lhIs app1lcalion for an JnJt1al Study ,11( possible eov\nlnmel1tallmplCt IIId III)' etdos_ for
altGA:lunents dic;rc;tO,
j
or
Consllltant or Af.enJ. S!sn&b.1rc;
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~lesseS6le 'ON XV.:!
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05:01 nUl t6-el~ij
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THE CITY Of' Cffi.,"LA VISTA DISCLOSURE STATE;\1E".
Statement oi disclosure oi ce:uir. oll..::erslllp interests. ;I'yrne:lIs. or :::!!Ilf:!:f:l contributions. on all mailers which
will require dis;:re:ion:L:' action Oil :he ;Ian of the City C,unc:l. Planning C"r--,;ssion. and all other official bodies,
The (ollowing it:ior:nauon must b= d:scloscd:
J.
List :he :lames oi all pe~Jns have, fi=lxlnlerest in me tOnt::!C!, Le,. COntT:lClor. subcontractor.
materiai supplier, ~ r>
e>:;'- '/,.-.6IJ 0 ~ \.,;. . D
g:~~S ~~i1~1~~~~NT Ccpp~
If any person ide:Jtified pursuant 10 (I) above is a COrpentioR or partnership, list the aames of all
iIldividuals owning more than I 0 ~ of the sJwes in the corpention or owning any panne:ship inleresl in
the pannc:-ship. ::'1
' C/~R~~ R~ ~ ~ - ~~ ~ ~~~'t !;1)"h @
g. 5e~LrN. C~. rot ~ """ J{;:; ~ tV c;rofl. G
If any person identified pursuanltO (I) above is noR.profil orpniz>lion or a tnlSl. list the ZWIJCS of any
person JC:'Ving as din:aor of the non-protil organization or as trI1m: or beneficiary or lnlSteC of the tnlSl.
Have you had more lIwl SZSO wonh of business uansac:ed with :J1J)' member of the City Staff. Boards.
Commissions. Commiuc:s >nd Council within the pasl twelve UlOnths7
)/0
,
5. PIC.1Se identify eac!J and evel)' person. including any agenls. Cljlloyces, COnsulWlIS or inde;>endent
con=ors wbo you bave assigned 10 represent you before lbe CiJY in this 1f12mr. A/b tJz.-
6. Have you and/or your officers or agenLS, in the aggregate. contributed more than 51.000 10 I Council
member in the CUlTCnt or pre:eding election period? Yes ( J ~o hl'I If yes. swc which Council
member(s): 71
Penon is dcfancd as: 'Any iDd,vidual. fiml. co-panncnhip.joinlYC1llllft, woc:iaaon.1OCiaJ ::vb, fmcmaJ orpJllDlioD, COIpOralio1l. .......
1NSl. ftc:CIYC:. tyDdicatt:. mil and any olhc: ~my.:iry aDd eoumy. c~'. municzpalny. di:s:a'1c::r~: poIiQgJ subdi'tlAOD.. or any ocbcr Croup
or c:omtrita&UOft ac:&D& IS I Ua.iL.
(NOtt: AcId! add!QOcW PAr:s as Dtc:nsar~.. I
Date:
8,/17../)9'/ .
:JOSEF A ,(2 i T1? ~rV
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SITE PLAN INFORMATION
1. Project location
760 Brpadway
2, legal Description *
3. Assessor's Parcel Number *
4. Property Owner's Name and Address
Chula Vista Redevelopment Agency
5. Name of Person or Firm who prepared the plans and date of preparation and revisions
C.W. Kim, AlA A~ency
6. Boundaries of subject property with dimensions
52~' on Broadway - 210' Deep
7. Existing and proposed building and structures with dimensions and heights ·
~
8 Existing adjacent structures
,
Motel & Tire Shop
9. Eiisting a~d proposed land use for each building activity area
Flour clusters of 9 units each: Business on 1st floor
Residential on floors 2 & 3
10. Squre footage of each building a'ctivity area
1093
11. Construction type per U.B.C.. i.e. Type I-FR. Type V-N, etc.
5N/3 Story
12. Type of occupancy per U.B.C.
Mixed use - Residential & Business
.
-=~
.If ~/;;t
SITE PLAN INFORMATION (continued)
13, Existing topography and proposed gra.ding showing all slopes and slope ratios
N/A
14. Existing and proposed walls, fences. etc., indicating height
15. Parking layout, pedestrian walks, loading and trash areas . & ..
16. Location, height, diameter, and s,pecies of all existing trees which are to remain or to be
removed.
N/A
17. Public facilities and infr,astucture (i.e., roads, drainage, sewer, open space easement. etc.)
N\A
18. Existing and proposed electrical transmission line easements with estimated voltage
Adequate service is provided on Broadway
,
19. Number of parking spaces required
100
20. Numbe)- of parkIng spaces provided
105
i
210 Scale no less than 1 n = 30'
Included in description 1 in. to 30 ft.
22. North arrow
NOTE:
*
Please see Exhibit A.
**
Please see Exhibit 8,
-~,
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BUS1NESSHOME VILLAGE
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;:;C.'\A: C. '.V <:M
LOT CIME:\lSiCN: 525')(210'
FROFCS@ BUILDING HE:GHT::3 STCRY 10' ii-'.RU ':5'
CONSikL'CnCN iYPE; TYPE 5NI 3 STORY
PROPOS@ WA/U F.:NCE HEIGHT: 5'.Q" HIGH
TRASH: HANDLED BY INDNlDUAL DWElliNG UNITS
NUM~E:< OF P~K1NG: APPROX. TOTAL 105
lOi C9~<AGE~ 35.72%
% OF RCAD PAVED SURFACE:..49%
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BUSINESSHOME VlUAGE
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Building . A .
Building .B"
Building .C.
Building .D"
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EXHIBIT .C.
SQUARE FOOTAGES
OF
STRUCTURES
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.: TOTAL BUIDLlNG:
&-"- ;.......
2,150 S.F.
25,800 S.F.
12,900 S.F.
25,800 S.F.
12.900S.F.
77.400 S.F.
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(
ATI'ACHMENT 7
DISCLOSURE STATEMENT
-,,~.. ~~ /3/
-
TIlE CITY OF CHULA VISTA DISCLOSURE STATEMENT
You arc required to file a Statement of Di<c1osure of ccrtain QWIIership or financial interests, payments, or campaign
a,ntributions, on all malle'" wbicb will require discretionary action on tbe part of tbe City Council, Planning Commission, and
'1 otber official bodies: The foll(lWlng information mUSI be disclosed: .
1. U<lthe names of all pen;ons having a financial intercst in tbe property which is the subject of the application or the
conlract, e.g., owner, applicanl, contractor, subconlractor, malerial supplier.
Josef A. Citron
Lenore S. Citron
2. If any perwn" identified pursuant to (1) above i< a corporation or partnership, list the names of alllndivlduals QWIIlng
more than 10% of the shares in the a>rporalion or owning any partnership interest in the partnership.
Citron Realtv & Investment CorD. is
100% owned bv Josef & Lenore Citron
3. Ir any person" identified pursuant In (I) above is nnn-profit organil.ation or a trust, li<t the names of any perwn
serving as director of Ibc nnn-profit organil.atinn or as trustee or beneftciary or truMor of the trust.
4. Have you had more Ihan S250 worth of bu.<iness transacted with any member of the City starr, Boards, Commissions,
Commillees, and Council within Ihe past twelve months? Yes_ NoL Ir yes, plasc indicate person(s):
5.' Please identify each and every person, including any agents. employees, consultants, or independent contractors who
you have assigned 10 represent you before the alY in this maller.
6. Have you and/or your officcrs or agenlS, In Ihe aggregate, contributed more than $1,000 to a Councilmember in the
eurrenl or preceding election perind? Ycs_ Nn-X.. If yes, state which Councilmember(s):
Date: 10-18-94
~~/3V f
_ J_ y_
//
re of contractor/applicant
· . · (NOTE: Altacb additioa.al pages
Josef A. Citron
Print or type name of contractor/applicant
. PC'WII is dcfillCd 4J: -,Any individuQ/, finn. cnopdrolC'lhip. joiN ''CPIAtn'. G.S:SociDut'N'- 1eXi4l club, frQlt:nUJI Of'gOIUuuion, corpcwalion, t:lUUt, ftcJI, ftCeiVCI,I)ftdiCau,
uw GIld 4n)' other cowuy. cUy ilIu:I cowur)'. cit)' ml.micipo1it)'. district. CN oUlcr politic/v JUbdj,Uiotl, or cuI}' olhn pnup or combituuion <<tint GIll WIlL.
I
MITIGATION MONITORING AND REPORTING PROGRAM
IS-95-03, AS AMENDED
This Mitigation Monitoring and Reporting Program is prepared for the Broadway Business
Homes project. CEQA requires lead agencies to ensure that adequate mitigation measures are
implemented and monitored on Mitigated Negative Declarations, such as IS-95-03, as amended.
CEQA requires monitoring of potentially significant and/or significant environmental impacts.
The mitigation monitoring program for this project ensures adequate implementation of
mitigation for the following potentially significant impacts: noise, school facilities, parking.
Due to the nature of the environmental issues identified, the Mitigation Compliance Coordinator
(MCC) shall be the Environmental Review Coordinator (ERC) for the City of Chula Vista. It
shall be the responsibility of the applicant to ensure that the conditions of the Mitigation
Monitoring and Reporting Program are met to the satisfaction of the ERC. Compliance with
the mitigation measures specified in the Mitigation Negative Declaration IS-95-03, as amended
shall be provided to the ERC prior to issuance of any permits by the City of Chula Vista. The
ERC will thus provide the ultimate verification that the mitigation measures have been
accomplished.
q- /33
This page Blank
;j//3Lf
MITIGATION MONITORING AND REPORTING CHECKLIST
PROJECT NAME: Broadway Business Homes
IS NO.:
95-03
Issue Area
Noise
Mitigation Measures
1. Retain existing wall on western site boundary
2. Mechanical ventilation systems shall comply with UBC Sect. 1205 (c)
3. East facing windows in the four end units that face Broadway shall be rated at STC=25
or higher.
Proiect Phase
Building permit issuance
Responsible Partv
City Engineer
Issue Area
School Facilities
Mitigation Measure
Full mitigation of school facility impacts via an agreement with the affected school districts
Proiect Phase
Occupancy Permit Issuance
Responsible Partv
Director of Planning
H ~/35
Issue Area
Parking
Mitigation Measure
Establishment of Conditions, Covenants and Restrictions (CC&R's) related to simultaneous
occupancy of residential and commercial portions of units as a condition of the Precise Plan.
Proiect Phase
Precise Plan Approval
ResDonsibie Partv
Director of Planning
4-/30
~
.
RESOLUTION /79 to <f
RESOLUTION OF THE CITY OF CHULA VISTA ADOPTING MITIGATED NEGATIVE
DECLARATION AND ADDENDUM 15-95-03 FOR 36 UNIT BUSINESS HOMES
PROJECT AT 760 BROADWAY
WHEREAS. the Redevelopment Agency of the City of Chula Vista ("Agency") formed
the Southwest Redevelopment Project Area for the purpose of eliminating blight; and
WHEREAS. the property located at 760 Broadway, comprising approximately 2.5 acres
is located within the Southwest Redevelopment Project Area (the "Site") is vacant and
blighted; and
WHEREAS. a redevelopment proposal has been received for the Site from Joelen
Enterprises comprising the development of 36 Business Homes on the Site (the "Project"); and
WHEREAS. the Agency has determined that the Project is desirable and will assist in
the elimination of blight in the Project Area; and
WHEREAS. the Project will require discretionary approvals from the City Council
including a zoning change and the approval of the sale of Agency property to the developer
for the construction of the mixed use project on the Site; and
WHEREAS. on June 1, 1995 a public forum was held on the project providing the
opportunity for public input thereon; and
WHEREAS, the City's Environmental Review Coordinator has conducted an Initial
Study, IS-95-03 with Addendum of possible environmental impacts associated with the
Project. Based on the Initial Study, Addendum, and comments thereon. the Environmental
Review Coordinator has determined that there would be no significant environmental effects
and, therefore, recommends adoption of the Mitigated Negative Declaration, Mitigation
Monitoring and Reporting Program and Addendum issued on IS-05-03 (collectively, the
"Mitigated Negative Declaration Documents").
WHEREAS, on June 14, 1995 the Planning Commission voted to recommend adoption
of the Mitigate Negative Declaration Documents; and
WHEREAS, on June 26, 1995 the Resource Conservation Commission voted to
recommend and approved the Mitigated Negative Declaration Documents;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA does hereby
find, order. determine and resolve as follows:
A. ADOPTION OF MITIGATED NEGATIVE DECLARATION DOCUMENTS
The City Council of the City of Chula Vista, acting as a Responsible Agency, has
reviewed, analyzed, and considered the Mitigated Negative Declaration Documents
(known as Document No. on file in the Office of the City Clerk). the
environmental impacts therein identified for this project prior to approving the Project.
Based on the Initial Study and comments thereon, the City Council finds that there is
no substantial evidence that the Project will have a significant effect on the
environment and thereby approves and adopts the Mitigated Negative Declaration Documents.
1-/~7
Resolution xxxx
Page 2
B. CERTIFICATION OF COMPLIANCE WITH CALIFORNIA ENVIRONMENTAL
QUALITY ACT
The City Council does hereby find that the Mitigated Negative Declaration
Documents have been prepared in accordance with requirements of the California
Environmental Quality Act, the State Environmental Impact Report Guidelines, and the
Environmental Review Procedures of the City of Chula Vista.
C. INDEPENDENT JUDGMENT OF REDEVELOPMENT AGENCY
The City Council finds that their approval and adoption of the Mitigated Negative
Declaration Documents and the related findings and adoptions in connection therewith
were the product of their exercise of their independent judgment.
PRESENTED BY:
APPROVED AS TO FORM BY:
&S~
~'1.
, -,r
ruce B' gaard
City ttorney " .
Chris Salomone
Community Development Director
IM:ISHAREDIA TTORNEYlNEGDECl C,RES)
J-f -/321
RESOLUTION /1100
RESOLUTION OF THE REDEVElOPMENT AGENCY OF THE CITY OF CHULA VISTA
ADOPTING MITIGATED NEGATIVE DECLARATION AND ADDENDUM IS-95-03
FOR 36 UNIT BUSINESS HOMES PROJECT AT 760 BROADWAY
WHEREAS. the Redevelopment Agency of the City of Chula Vista ("Agency") formed
the Southwest Redevelopment Project Area for the purpose of eliminating blight; and
WHEREAS. the property located at 760 Broadway, comprising approximately 2.5 acres
is located within the Southwest Redevelopment Project Area (the "Site") is vacant and
blighted; and
WHEREAS. a redevelopment proposal has been received for the Site from Joelen
Enterprises comprising the development of 36 Business Homes on the Site (the "Project"); and
WHEREAS. the Agency has determined that the Project is desirable and will assist in
the elimination of blight in the Project Area; and
WHEREAS. the Project will require discretionary approvals from the Redevelopment
Agency including a Special Use Permit for the construction of the mixed use project on the
Site. approval of a Precise Plan and approval of a Disposition and Development Agreement;
and
WHEREAS. on June 1. 1995 a public forum was held on the project providing the
opportunity for public input thereon; a'nd
WHEREAS. the City's Environmental Review Coordinator has conducted an Initial
Study. IS-95-03 with Addendum of possible environmental impacts associated with the
Project. Based on the Initial Study, Addendum, and comments thereon, the Environmental
Review Coordinator has determined that there would be no significant environmental effects
and. therefore, recommends adoption of the Mitigated Negative Declaration, Mitigation
Monitoring and Reporting Program and Addendum issued on IS-05-03 (collectively, the
"Mitigated Negative Declaration Documents").
WHEREAS, on June 14. 1995 the Planning Commission voted to recommend adoption
of the Mitigate Negative Declaration Documents; and
WHEREAS. on June 26, 1995 the Resource Conservation Commission voted to
recommend and approved the Mitigated Negative Declaration Documents;
NOW THEREFORE. THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA
does hereby find, order, determine and resolve as follows:
A. ADOPTION OF MITIGATED NEGATIVE DECLARATION DOCUMENTS
The Redevelopment Agency of the City of Chula Vista, acting as Lead Agency, has
reviewed, analyzed, and considered the Mitigated Negative Declaration Documents
(known as Document No. on file in the Office of the City Clerk). the
environmental impacts therein identified for this project prior to approving the Project.
Based on the Initial Study and comments thereon, the Agency finds that there is no
substantial evidence that the Project will have a significant effect on the environment
1-/3 'I
Resolution xxx x
Page 2
and thereby approves and adopts the Mitigated Negative Declaration Documents.
B. CERTIFICATION OF COMPLIANCE WITH CALIFORNIA ENVIRONMENTAL
QUALITY ACT
The Redevelopment Agency does hereby find that the Mitigated Negative
Declaration Documents have been prepared in accordance with requirements of the
California Environmental Quality Act, the State Environmental Impact Report
Guidelines, and the Environmental Review Procedures of the City of Chula Vista.
C. INDEPENDENT JUDGMENT OF REDEVELOPMENT AGENCY
The Redevelopment Agency finds that their approval and adoption of the Mitigated
Negative Declaration Documents and the related findings and adoptions in connection
therewith were the product of their exercise of their independent judgment.
PRESENTED BY:
APPROVED AS TO FORM BY:
c~- S'~~_
Chns Salomone
Community Development Director
IM:\SHARED\A TTORNEY\NEGDEC 1 A.RES)
J/ - 1</0
ORDINANCE NO. r:2~3~
AN ORDINANCE OF CITY COUNCil OF THE CITY OF CHUlA VISTA AMENDING THE
ZONING MAP OR MAPS ESTABLISHED BY SECTION 19.18.010 OF THE CHUlA
VISTA MUNICIPAL CODE BY REZONING THE 2.53 ACRE PARCEL LOCATED AT 760
BROADWAY WITHIN THE SOUTHWEST REDEVELOPMENT PROJECT AREA FROM
C-T (COMMERCIAL THOROUGHFARE) TO C-C-P, CENTRAL COMMERCIAL WITH
PRECISE PLAN
WHEREAS, a duly verified application for a rezoning was filed with the Planning
Department of the City of Chula Vista on December 16, 1994 by Josef A. and Lenore S.
Citron; and
WHEREAS said application requested to change the zoning from C-T, Thoroughfare
Commercial zone to C-C-P, Central Commercial with Precise Plan for 1.26 acres located at
760 Broadway within the Southwest Redevelopment Project Area and diagrammatically
represented on the area map attached hereto as Exhibit A; and
WHEREAS, the Environmental Review Coordinator conducted an Initial Study, IS-95-
03 and addendum of potential environmental impacts associated with the project and has
concluded that there will be no significant environmental impacts which cannot be mitigated
and recommends adoption of the Mitigated Negative Declaration issued on 15-95-03, and
WHEREAS, on June 26, 1995, the Resource Conservation Commission voted to
recommend approval of the Mitigated Negative Declaration and addendum issued on IS-95-03;
and
WHEREAS, on June 14, 1995 the City Planning Commission voted to recommend that
the City Council approve the rezoning in accordance with Resolution PCZ-95-A/PCC-95-23;
and
WHEREAS, the City Clerk set the time and place for a hearing on said rezoning
application and notice of said hearing, together with its purpose, was given by its publication
in a newspaper of general circulation in the city and its mailing to property owners within 500
feet of the exterior boundaries of the property at least ten days prior to the hearing; and
WHEREAS, the hearing was held at the time and place as advertised, namely 6:00
p.m. July 11, 1995 in the Council Chambers. 276 Fourth Avenue, before the City Council,
the City Council considered public testimony, and said hearing was thereafter closed.
WHEREAS, based on the findings and recommendations of the Environmental Review
Coordinator, the City Council and the Redevelopment Agency adopted the Mitigated Negative
Declaration and Addendum issued on IS-95-03 and all related findings and mitigation programs
(the "Mitigated Negative Declaration").
WHEREAS, this Ordinance was introduced for first reading to the Council on July 11,
1995 and considered by the Council for second reading on , 1995.
1-/- /'1-/
Ordinance xxxx
,NOW, THEREFORE the City Council of the City of Chula Vista does hereby find,
determine; and ordain as follows:
Section 1: The City does hereby adopt and incorporate herein Resolution No. /7tJC,'I
of the City Council adopting the Mitigated Negative Declaration.
Section 2: The City Council hereby finds that the rezoning is consistent with the City
of Chula Vista General Plan and that public necessity, convenience and general welfare and
good zoning practice support the rezoning to C-C-P, Central Commercial with Precise Plan.
Section 3: The parcel located at 760 Broadway, as shown on attached Exhibit A (the
"Rezoned Parcel") is hereby rezoned to C-C-P, Central Commercial with Precise Plan.
Section 4: The "p" Precise Plan Modifier is appropriate for the Rezoned Parcel
because all the circumstances set forth in Chula Vista Municipal Code Section 19.56.041
exist with respect thereto.
Section 5: This Ordinance shall take effect and be in full force the thirtieth day from
its adoption.
Presented by
Approved as to form by
~S-~
Chris Salomone
Community Development Director
~
_ _ _ ...., J \
ruce . Boog -", ~>-
City Attorney
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I rEXHIBIT - A-
CHUlA VISTA PlANNING DEPARTMENT
CASE NUMBER:
PCZ - 95 - A
2.53
ACREAGE:
SOJ.E:
1" = 400'
I HEREBY CERTIFY lJiAT THIS ZONING MAP
WAS APPROVED AS A PART OF ORDINANCE
BY THE CITY roUNClL ON
D.'.TE:
AWN BY:
JUNE 5, 1995
C. J. FERNANDEZ
01Y nERJ(
DATE
CHECKED BY:
C9
ZONING MAP
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""OF
CHUA VISTA
NORTH
~ -Itf 3
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This page Blank
tf ~ /iY-
RESOLUTION NO. / 1ft, (
,
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF
CHULA VISTA MAKING CERTAIN FINDINGS AND GRANTING A SPECIAL
USE PERMIT FOR THE DEVELOPMENT OF A MIXED USE PROJECT KNOWN
AS THE BROADWAY BUSINESS HOMES PROJECT, LOCATED AT 760
BROADWAY WITHIN THE SOUTHWEST REDEVELOPMENT PROJECT AREA
TO BROADWAY VILLAGE BUSINESS HOMES L.P.
WHEREAS, a duly verified application for a Special Use Permit was filed with the
Planning Department of the City of Chula Vista on December 16, 1994 by Josef A. and
Lenore S. Citron, now doing business as Broadway Village Business Homes L.P. ("Developer");
and
WHEREAS, said application requests permission to establish a 36 unit
commercial/residential mixed-use project with shared parking at 760 Broadway within the C-
Cop zone; and
WHEREAS, a mixed use project can be developed within a C-C-P zone with a
Conditional Use Permit or a Special Use Permit if it is within a redevelopment area; and
WHEREAS, the project site lies within the Southwest Redevelopment Project Area;
and
WHEREAS, on June 14, 1995, the Planning Commission voted to recommend that
the City Council approve the Conditional Use Permit in accordance with Resolution PCZ-95-
AIPCC-95-23, and
WHEREAS, a public forum was noticed and held on June 1, 1995 to inform
surrounding residents and property owners of the proposal and to receive their input prior to
the public hearings; and
WHEREAS, the Environmental Review Coordinator conducted an Initial Study, IS-95-
03 and Addendum of potential environmental impacts associated with the project and has
concluded that there will be no significant environmental impacts which cannot be mitigated
and recommended adoption of the Mitigated Negative Declaration. Addendum and related
documents issued on IS-95-03; and
WHEREAS, the City Clerk set the time and place for a hearing on said application and
notice of said hearing, together with its purpose, was given by its publication in a newspaper
of general circulation in the city and its mailing to property owners within 500 feet of the
exterior boundaries of the property at least ten days prior to the hearing; and
WHEREAS, the hearing was held at the time and place as advertised, namely 6:00
p.m. July 11, 1995 in the Council Chambers, 276 Fourth Avenue, before the Redevelopment
Agency/City Council and said hearing was thereafter closed.
WHEREAS, based on the findings and recommendations of the Environmental Review
Coordinator, the City Council and the Redevelopment Agency adopted the Mitigated Negative
Declaration, Addendum and related documents issued on IS-95-03;
t/- - /tf5
Resolution xxxx
Page 2
NOW, THEREFORE, BE IT RESOLVED THAT THE REDEVELOPMENT AGENCY OF THE
CITY OF CHULA VISTA does hereby find, determine, resolve, and order as follows:
I. Incorooration of Adootion of Mitiaated Neoative Declaration and Addendum. The
Redevelopment Agency does hereby adopt and incorporate herein Resolution No.
I ~0D of the Agency adopting the Mitigated Negative Declaration, Addendum and
related documents for the project (15-95-03).
II. Soecial Use Permit Findinas. That the Redevelopment Agency makes the findings
required by the City's rules and regulations for the issuance of the Special Use
Permit, as hereinbelow set forth, and sets forth, thereunder, the evidentiary basis
,that permits the stated finding to be made.
A. That the proposed use at the location is necessary or desirable to provide a
service or facility which will contribute to the general well being of the
neighborhood or the community.
The establishment of a 36 unit commercial/residential mixed-use project will
provide an innovative and unique development concept whereby residents may
live and work at the same location, and the project and improvements will
enhance what is an otherwise vacant and unused property, and will encourage
the redevelopment as well as improvement of surrounding properties.
B. That such use will not under the circumstances of the particular case, be
detrimental the health, safety or general welfare of persons residing or working
in the vicinity or injurious to property or improvements in the vicinity.
The proposal as conditioned includes measures to avoid potential on and off site
conflicts to ensure the highest level of compatibility between the commercial and
residential components of the project, including the most integral and important
component of the proposal which is that the operator of the commercial
component of each unit shall also be the occupant of the residential component
of that same unit. The site plan and building design will contribute significantly
to the improvement of the site and surrounding areas.
C. That the proposed use will comply with the regulations and conditions specified
in the Municipal Code for such use.
Compliance with all applicable conditions, codes and regulations shall be required
prior to issuance of development permits and on a continuing basis thereafter.
D. That the granting of this conditional use permit will not adversely affect the
general plan of the City or the adopted plan of any government agency.
The approval of this project as conditioned is consistent with City policies and
the Chula Vista General Plan, the Southwest Redevelopment Plan and
Implementation Plan.
tf -I Lf-~
Resolution xxxx
Page 3
III. Conditional Grant of Permit: Conditions. The Redevelopment Agency hereby grants
a Special Use Permit to Josef A. and Lenore S. Citron, doing business as Broadway
Village Business Homes L.P. for the Broadway Business Home Project subject to the
following conditions, whereby:
1. The operator of the commercial component of each unit shall also be the
occupant of the residential component of that same unit, and this requirement
shall be reflected in the deed restrictions and/or CC&R's for each of the
lots/units.
2. Prior to the issuance of any zoning permit for the property, documentary
evidence satisfactory to the City Zoning Administrator shall be submitted
demonstrating that the operator of the commercial component is the occupant
of the residential component of the same unit.
3. The commercial hours of operation shall be limited to the hours between 8:00
a.m. to 10:00 p.m. Monday through Friday and 8:00 a.m. to 6:00 p.m. Saturday
and Sunday, and these shall be reflected in the deed restrictions and/or CC&R's
for each of the lots/units.
4. The land uses listed in attached Exhibit A shall not be permitted, and these shall
be reflected in the deed restrictions and/or CC&R's for each of the lots/units.
5. The project shall comply with all the requirements of the Chula Vista Uniform Fire
and Building Codes to the satisfaction of the Fire Marshal and Director of Building
and Housing respectively.
6. Commercial activities and operations, including storage of merchandise and pick-
up and delivery of goods, shall be limited to the area designated for commercial
use and shall not occur in the residential units.
7. Garages shall remain open and available for parking and shall not be not be
utilized for commercial storage.
8. A minimum 6 ft. high masonry wall shall be established along the west property
line. However, the wall height may be increased to a maximum of 10ft.
providing the Design Review Committee, after receiving input from the westerly
adjacent residents, determines that the additional height is necessary to preserve
their privacy and buffer the residences from the activities associated with the
proposed project.
9. All windows facing east on the four frontage units shall incorporate dual pane
windows rated a minimum of STC-25.
10. A mechanical ventilation system capable of 2 air exchanges per hour shall be
incorporated into all of the living units.
11. The operator/occupants of the units shall not park in the commercial parking lots.
t-f --/tf7
Resolution xxxx
Page 4
12. If necessary, the project proponent shall provide the City with an easement over
the project's parking, pedestrian walks and alley ways for traffic and parking
enforcement purposes.
13. A copy of the deed restrictions and/or CC&R's shall be submitted for review and
approval by the City Zoning Administrator prior to the recordation of the
lots/units and prior,to the issuance of building/construction permits.
IV. Additional Terms and Provisions of Grant.
A. This permit shall be subject to any and all new, modified, or deleted conditions
imposed after adoption of this resolution to advance a legitimate governmental
interest related to health, safety or welfare which City/Agency shall impose after
advance written notice to the permittee and after the Cit/Agency has given to
the permittee the right to be heard with regard thereto. However, the
City/Agency, in exercising this reserved right/condition, may not impose a
substantial expense or deprive the Permittee of a substantial revenue source
which the Permittee cannot, in the normal operation of the use permitted, be
expected to economically recover.
B. This Special Use Permit shall be void and ineffective if the same is not utilized
within one year from the date of this resolution in accordance with Section
19.14.260 of the Municipal Code. Failure to comply with any condition of
approval and property deed restriction shall cause this permit to be reviewed by
the City/Agency for additional conditions or revocation.
V. Findings re Relation of Exaction to Impact of Project
The Redevelopment Agency has individually and independently reviewed each of the
exactions imposed on the applicant contained in this resolution, and hereby finds, in
this case, that the exactions are imposed to mitigate an impact caused by the project
and are reasonably related to the project and the extent and degree of exaction is in
rough proportionality to the impact caused by said project.
VI. A copy of this resolution shall be transmitted to the applicant.
Presented by
Approved as to form by
~ C;;~
~
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Agency Counsel
Chris Salomone
Community Development Director
(M:\shared\attorney\BUSHOM-C.RESl
L}~ /ttf
Broadway Home/Business
CommerdallResidential Mixed Use Project
760 Broadway
PCC-95-23
lAND USES NOT PERMITTED
Automobile repairs (major and Minor)
Automobile stereo installation
Animal hospitals
Appliance repair (Major)
Automobile rental
Tire dealers
Towing service
Beer bars
Drive-in restaurants
Seating or take-out restaurants
Night clubs
RestaurantA:lars
Trailer rentals
/
1- - /11
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~,
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'-I~/50
RESOLUTION
JOINT RESOLUTION OF THE REDEVELOPMENT AGENCY AND THE CITY OF CHULA
VISTA APPROVING A PRECISE PLAN FOR THE BROADWAY BUSINESS HOMES
PROJECT AND A DISPOSITION AND DEVELOPMENT AGREEMENT WITH BROADWAY
VILLAGE BUSINESS HOMES L.P. AND AUTHORIZING THE CHAIRMAN TO EXECUTE
SAME
WHEREAS. the Redevelopment Agency of the City of Chula Vista. a political
subdivision of the State of California. "Agency" herein. is charged with the elimination of
blighting influences in the City; and.
WHEREAS. in conjunction with its responsibility to eliminate blight. the Agency has
formed the Southwest Redevelopment Project Area, consisting of various non-contiguous
project locations, one of which includes a certain designated area described as follows:
A rectangular area of approximately 2.5 acres bounded on the north by the
commercial land use known as Courtney Tires, on the east by Broadway, on
the south by Moana Court Motel, and on the west by residential development,
said parcel commonly known as 760 Broadway which is diagrammatically
designated in Exhibit A ("Property"). attached hereto; and
WHEREAS. on or about November 15, 1994. the Agency had become seriously
concerned about the blighting influences located in and around said Property due to the
relocation of Fuller Ford from this site; and
WHEREAS, Joelen Enterprises, now doing business as Broadway Village Business
Homes L.P. ("Developer") has submitted a proposal for the redevelopment of the Property
through the construction of a mixed use development known as the Broadway Business
Homes Project ("Project"); and
WHEREAS, the Agency approved an Exclusive Negotiation Agreement with Developer
by Resolution 1412 on July 19, 1994 to negotiate a Disposition and Development Agreement
embodying the terms of sale of the Property and development for the Project; and
WHEREAS. a Precise Plan has been prepared for development of the Project which has
been reviewed by the Design Review Committee and conditionally recommended for approval
by the Agency; and
WHEREAS, a Disposition and Development Agreement has been prepared which
proposes the conditioned sale of the Property to the Developer; and
WHEREAS. Health and Safety Code Section 33431 permits an Agency to lease or sell
property without public bidding after a duly noticed public hearing; and
WHEREAS, under the provisions of Health and Safety Code Section 33433, before any
property of the Agency acquired in whole or in part, directly or indirectly, with tax increment
monies is sold or leased for development pursuant to the redevelopment plan, the sale or lease
J/- IS!
Resolution XXXX
shall first be approved by the City Council after public hearing, duly called noticed and held
in the manner required by law; and,
WHEREAS. the Agency has caused to be prepared, and has made available to the
public for public inspection and copy, the report containing the requirements of Section
33433. which report was entitled, "Health and Safety Code Section 33433 Report: Sale of
Redevelopment Agency Property at 760 Broadway to Joelen Enterprises for development of
the Broadway Business Homes Project". which by reference thereto is incorporated herein and
maintained on file in the office of the City Clerk; and;
WHEREAS, the 33431 and 33433 hearing was duly noticed in accordance with State
law, and at said public hearing, pursuant to the requirements of Health and Safety Code
Sections 33431 and 33433, the City and the Agency were called upon to approve the DDA
involving the sale of property owned by the Agency; and,
WHEREAS. the City Council and the Agency have considered all of the evidence
submitted at the hearing including the staff report which is incorporated by reference, and the
report on file in the Office of the Executive Director and the City Clerk prepared and filed
pursuant to Health and Safety Code Section 33433; and
WHEREAS, the Agency has made the determination that the Project will eliminate
blight in and around the Property and is in the best interest of the public and conforms to the
Southwest Redevelopment Project Implementation Plan approved pursuant to Health and
Safety Section 33450; and,
WHEREAS. the City Council has made the determination that the proposed
consideration for the Property is not less than the fair reuse value at the use and with the
covenants and conditions and development costs authorized under the sale; and,
WHEREAS. the Environmental Review Coordinator has conducted an Initial Study, IS-
95-03, with Addendum of possible environmental impacts associated with the project. Based
on the Initial Study, Addendum and comments thereon, the City Council and Agency
concluded that there would be no significant environmental effects and, adopted the Mitigated
Negative Declaration, Addendum and related documents issued on IS-95-03.
NOW THEREFORE, THE REDEVELOPMENT AGENCY AND THE CITY OF THE CITY OF
CHULA VISTA do hereby find, order, determine and resolve as follows:
1. City Council Resolution No./JJ!/Iand Redevelopment Agency Resolution No./i(~O
adopting Mitigated Negative Declaration, Addendum arid related documents issued on IS-95-
03 are hereby incorporated herein by this reference.
2. The Health and Safety Code Section 33433 Report was duly prepared and made
available for public review in accordance with State law.
3. The 33431 and 33433 public hearings at or after which this resolution was adopted
were duly noticed as to time and place in a newspaper of general circulation in the community
for at least two successive weeks prior to the hearings, such public hearings were duly held,
and any and all protests to the proposed sale and project were made and duly considered at
J-(- 15?-
Resolution XXXX
such public hearings.
4. The Agency hereby determines that it is in the best interests of the community and
the Agency and for the elimination of blight that the subject Property be sold to Developer
without public bid.
5. The City Council hereby determines that the consideration for the Property is not
less than fair reuse value at the use and with the covenants and conditions and development
costs authorized by the sale; the sale for such consideration is necessary to effectuate the
Redevelopment Plan; and the sale is therefore approved.
6. The Agency hereby determines that the proposed redevelopment of the site will
assist in the elimination of blight within the Southwest Project Area.
7. The Precise Plan for the Broadway Business Homes Project is hereby approved in
substantially the form presented subject to the conditions attached hereto as Attachment A.
8. The Disposition and Development Agreement between the Agency and Developer
dated for the purposes of reference as of July 11, 1995 for the sale and development of the
Property into the Project is hereby approved in substantially the form as presented, with such
additions and clarifications as may be required by the City Attorney, in the City/Agency's
interest, and the Chairman is hereby authorized to execute same. and the Executive Director
is hereby authorized and directed to implement all of its terms and conditions.
PRESENTED BY:
APPROVED AS TO FORM BY:
rJL~
Chris Salomone
Community Development Director
M :\SHARED\A TTORNEY\BUSHOM- E.RES
1- /53
EXHIBIT A
DESIGN REVIEW COMMITTEE
CONDITIONS OF APPROVAL
A. Approval of this project shall be contingent upon approval of Conditional Use Permit
PCC-95-23 and Rezone PCZ-95-A.
B. All mitigation measures of Mitigated Negative Declaration IS-95-03 and Addendum
shall be adhered to and shall become conditions of approval.
C. Landscape and irrigation plans addressing a parking screening solution shall be
submitted to the Planning Department for review and approval prior to or in
conjunction with the building permit submittal package.
D. The parallel tandem parking featured on all two story corner units shall be replaced
with a standard size stall within each of the planters featured at the northwest and
southwest corners of the parcel.
E. A parking screening solution consisting of a screening wall, closely arranged groups
of planting material or a combination of these two shall be provided along the street
frontage wherever parking is exposed to the public right of way.
F. Deleted.
G. An 18" concrete curb/step out strip shall be installed on all planting strips adjacent to
parking stalls.
H. A 5 foot high masonry wall shall be maintained along the west property line.
However, the wall height may be increased up to 10 feet subject to staff approval of
final design and materials.
I. All windows facing east on the four frontage units shall incorporate dual pane windows
rated a minimum of STC-25.
J. All units shall feature a mechanical ventilation system capable of 2 air exchanges per
hour.
K. All pedestrian walks within the commercial components and connections to the
residential area shall be decorative type. Paving pattern, design and color shall be
submitted to staff for review and approval.
L. A comprehensive planned sign program shall be submitted to the Design Review
Committee for consideration and approval.
M. Trash enclosures for two 30 gallon cans shall be provided for each unit.
N. All garage doors shall be equipped with automatic garage door openers.
1- 1St(
O. Additional trees shall be incorporated within the parking lots subject to staff review
and approval.
P. A detailed construction phasing plan showing adequate emergency vehicle access,
sufficient parking to support the commercial retail operations, internal circulation
landscaping and all the amenities for that portion of the project shall be submitted to
the Planning Department prior to issuance of any building permit.
Q. Freestanding signs shall be of a transparent material and relocated to the landscape
area between the two driveways of each of the commercial parking lots.
R. Trellis structures shall be retained as shown in the conceptual design drawings.
[M:\HOMEICOMMDEVlKASSMANIEXHffirr.A]
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J-/- 150
DISPOSITION AND DEVELOPMENT AGREEMENT
by and between
REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA
and
,...'
BROADWAY VILLAGE BUSINESS HOMES. l.P.
THIS SECOND DRAFT VERSION OF THE DDA IS BEING
DELIVERED SUBJECT TO FINAL REVIEW BY AGENCY
COUNSEL. Ater negotiations this week, this document was
received early Friday afternoon from the developer's attorney.
It is currently contemplated that the final document, with
Agency Counsel's summary/analysis, will be presented at the
July 11 meeting, or sooner, if possible.
;/ -/10/
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~ - /10 ~
....- .....-
DISPOSITION AND DEVELOPMENT AGREEMENT
by and between
REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA
and
AGENCY,
BROADWAY VILLAGE BUSINESS HOMES, L.P.,
q - /03
DEVELOPER
July
-..y..
, 1995
This Page Blank
if ~/Iof
DISPOSITION AND DEVELOPMENT AGREEMENT
THIS AGREEMENT is entered into effective as of ,
1995, by and between the REDEVELOPMENT AGENCY OF THE CITY OF CHULA
VISTA (the "Aqencv") and BROADWAY VILLAGE BUSINESS HOMES, L.P., a
California limited partnership (the "Developer"). The Agency and
the Developer agree as follows:
RECITALS
.....-
A. The Ci ty Council of the City of Chula Vista ( "Ci tv") has
established the Agency and has approved and adopted a redevelopment
plan for a redevelopment project known as the Southwest
Redevelopment project by its adoption of Ordinance No. 2720 on
November 27, 1990, pursuant to the provisions of Sections 33000 et
seq. of the California Health and Safety Code ("California
Communi tv Redevelopment Law").
B. The Agency is undertaking a program, in the interest of
health, safety and general welfare of the people of the City
pursuant to its authority under the California Community
Redevelopment Law, for the redevelopment, replanning and redesign
of blighted areas within the Southwest Redevelopment project area
which are characterized by stagnant, improperly utilized and
unproductive land which requires redevelopment.
C. The Agency is desirous of carrying out the redevelopment plan
for the Southwest Redevelopment Project area by providing for the
development of certain real property within the project area more
particularly described in Section 1.4 of this Agreement ("Site").
The Site is comprised of approximately gross acres of land
located within the Southwest Redevelopment project area and within
the City. The Site is currently owned by the Agency.
D. In furtherance of the Agency's program to provide for the
development of the Site, the Agency entered into a Exclusive
Negotiation Agreement pertaining to the Site by and between the
Agency and Developer. The Exclusive Negotiation Agreement became
effective as of
E. The Agency has determined that the provisions of this
Agreement will make feasible the redevelopment of the Site by the
Developer in accordance with the purposes set forth in the
Exclusive Negotiation Agreement and that such development will
stimulate development of the remainder of the Southwest
Redevelopment Project area and is in the best interests of the
taxpayers and residents of the City and will otherwise promote the
public health, safety and general welfare of City residents and is
in accordance with federal, state and local laws and regulations.
p: \9\9484\4656S\Trans\DispAgr2. 060
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1-j -!~S
F. This Agreement is being processed concurrently with a Rezone,
Special Use Permit, Precise Plan and Mitigated Negative Declaration
to develop the project proposed by Developer.
G. The Agency finds that the implementation of this Agreement
will assist in the elimination of blight, is consistent with the
implementation of the redevelopment plan, and the consideration is
not less than the fair reuse value at the use and with the
covenants and conditions and development costs authorized by the
sale described in this Agreement.
1 . SUBJECT OF AGREEMENT
1.1 Purpose of the Aqreement
The purpose of this Agreement is to assist effectuation the
Redevelopment Plan for the Southwest Redevelopment Project area in
the City of Chula Vista by providing for the disposition and
development of the hereinafter defined Site. The development of
the Site pursuant to this Agreement, and the fulfillment generally
of this Agreement, are in the vital and best interests of the City
of Chula Vista and the health, safety, morals, and welfare of its
residents, and in accord with the public purposes and provisions
of applicable federal, state, and local laws and requirements.
1.2 The Redevelopment plan
This Agreement is subject to the provisions of the
Redevelopment Plan for the Southwest Redevelopment Project area
(which was approved and adopted on November 27, 1990 by the City
Council of the City of Chula Vista by Ordinance No. 2720 (the
"Redevelopment Plan"). The Redevelopment Plan is incorporated
herein by reference and made a part hereof as though fully set
forth herein.
Any amendments hereafter to the Redevelopment Plan (as so
approved and adopted) which change the uses or development
permitted on the Site as proposed in this Agreement, or otherwise
change the restrictions or controls that apply to the Site, and
which materially and adversely affect Developer's ability to
develop the Site as contemplated by this Agreement, shall require
the written consent of the Developer. Amendments to the
Redevelopment Plan which do not materially or adversely affect
Developer's ability to develop the Site as contemplated by this
Agreement and/or which apply to other property in the Southwest
Redevelopment Project area shall not require the consent of the
Developer.
1.3 The Redevelopment proiect Area
The Southwest Redevelopment Project area is located in the
City of Chula Vista, California (the "City"). The exact boundaries
p: \9\9484\4656S\Trans\OispAgr2. 060
)(:
4- - I toto
of the Redevelopment project area are specifically, and legally
described in the Redevelopment plan for such Redevelopment Project.
1.4 The Site
The "Site" includes that portion of the Southwest
Redevelopment Project area located at 760 Broadway, illustrated and
designated on the "Site Map" which is incorporated herein and
attached to this Agreement as Attachment No. 1 and as more
precisely described in the "Legal Description" which is
incorporated herein and attached hereto as Attachment No. 1.A.
1.S Parties to the Aqreement
(a) The Aqencv. The "Aqencv" is a public body,
corporate and politic, exercising governmental functions and
powers, and organized and existing under Chapter 2 of the Community
Redevelopment Law of the State of California. The principal office
of the Agency is located at 276 Fourth Avenue, Chula Vista,
California 91910.
IIAQenCv"
Redevelopment Agency of
any assignee of or
responsibilities.
as used in this Agreement includes
the City of Chula Vista, California,
successor to its rights, powers
the
and
and
(b) Developer. The "Developer" is Broadway Village
Business Homes, L.P., a California limited partnership, whose
general partner is Citron Realty Management Corporation, a
California Corporation.
Wherever the term "Developer" is used herein, such term shall
include any permitted nominee, assignee or successor in interest
as herein provided.
2. ACQUISITION AND DISPOSITION OF THE SITE
2.1 Sale and Purchase
In accordance with and subject to all the terms, covenants,
and conditions of this Agreement (including without limitation the
Developer's right to terminate this Agreement pursuant to Section
6.6.1 of this Agreement), the Agency agrees to sell to the
Developer and the Developer agrees to purchase each Parcel as shown
on the Site Map (Attachment No.1) and more precisely described in
the Legal Description (Attachment No. 1A).
The Developer shall pay to the Agency as the purchase price
for the Site Five Hundred Fifty Dollars ($SSO,OOO.DO). Pursuant
to California Health and Safety Code Section 33433, the Agency has
determined that, given the nature of the proposed development of
the Site and the terms and conditions imposed by this Agreement,
p: \9\9484\4656S\Trans\OispAgr2. 060
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J/--/;"7
the purchase price is equal to or greater than the "reuse value"
of the Site. If the Site is acquired in phases as provided in
Section 2.3 of this Agreement, DeveJ.oper shaJ.J. pay a pro rata
portion of the Purchase Price for each such phase upon cJ.ose of
escrow for each such phase based upon the pro rata share of square
feet being acquired relative to the total square footage of the
Site.
2.2 Adiustment of Purchase Price
Agency desires to be reimbursed by DeveJ.oper for Agency's
actual costs of demolition and pre-demolition hazardous materials
testing for the Site, not to exceed One Hundred Twenty-Four
Thousand DolJ.ars ($124,000.00) ["Reimbursement Amount"].
Developer is willing to agree to a plan of reimbursement of up to,
but not to exceed, the Reimbursement Amount, provided Developer
achieves the level of profitability described in this paragraph.
Both Agency and Developer acknowledge and agree that depending upon
the circumstances, which neither party can control or guarantee,
there can be no assurance that all or a portion of the
Reimbursement Amount will be payable to Agency. In complete
payment of the Reimbursement Amount, and with the understanding
that the Reimbursement Amount shall not be payable from any other
sources whatsoever, Developer shall pay Agency thirty percent (30%)
of the difference between the" Adjusted Cost" and the "Net Sales
Proceeds" of Phase 2 and Phase 3, as calculated at the completion
of sales in Phase 3. "Adiusted Cost" shall mean the any and all
costs incurred incident to the acquisition, development, marketing
and sale of Business Home upon the Site, including, without
limitation, all costs associated with:
(i) the acquisition of the Site;
(ii) bank interest and fees, carrying costs, costs of raising
all necessary funds, investors' twenty percent (20%) per annum
return on capital (including all limited and general
partners);
(iii) labor;
(iv) materials;
(v) all on-site costs of labor, including office staff,
materials, including site office rental and supplies, services
including telephone and utilities, rentals including machinery
and equipment;
(vi) all
utility,
fees;
City processing fees, charges, deposits and all
school, park impact fees, connection or capacity
(vii) developer's fees (ten percent (10%) of construction
costs);
p: \9\9484\46565\Trans\DispAgr2. 060
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1- ~ /~!
(viii) consultants I fees, including appraisers, engineers,
architects, system designers, testing and inspections; and
(ix) any and all other miscellaneous costs including sales,
advertising and promotion costs, models, legal and accounting
costs.
"Net Sales Proceeds" shall mean the gross sales price of
Business Homes units sold in Phase 2 and Phase 3, less closing
costs.
Upon Developer's receipt of the Certificate of Completion for
Phase 3, Agency and Developer shall jointly calculate any amounts
owed by Developer to Agency pursuant to this Section 2.2.
2.3 Phasinq of the ACquisition
Developer shall have the right but not the obligation to
acquire the Site in Phases as set forth herein. Completion of the
acquisition of any Phase(s) shall not obligate the Developer to
acquire any subsequent phase(s). Upon satisfaction of the
conditions to close set forth below, Developer may purchase the
Site in a maximum of three (3) phases as follows:
(a) The Phase 1 acquisition shall consist of that
portion of the Site comprised of approximately 17,300 square feet
and generally shown as "Parcel 1" on the "Convevance Map" attached
hereto as Attachment 2 and incorporated herein by this reference.
Parcel 1 shall be used for the construction of six (6) model
Business Homes and other required Phase 1 improvements for purposes
of test marketing and modification of the design of the buildings.
The Phase 1 acquisition shall be completed within four (4) months
after execution of this Agreement.
(b) The Phase 2 acquisition shall consist of that
portion of the Site generally shown on the Conveyance Map as
"Parcel 2." Parcel 2 shall consist of approximately 1.26 acres
less Parcel 1. Parcel 2 shall be used for the construction of
twelve (12) Business Homes and other required Phase 2 improvements.
In the event Developer elects to acquire Parcel 2, the Phase 2
acquisi tion shall be completed wi thin ten ( 1 0) months of the
execution of this Agreement.
(c) The phase 3 acquisition shall consist of the
remainder of the Site comprised of approximately 1.27 acres and
shown on the Conveyance Map as "Parcel 3". Parcel 3 shall be used
for construction of the remaining eighteen (18) Business Homes and
other required Phase 3 improvements. In the event Developer elects
to acquire Parcel 3, the Phase 3 acquisition shall be completed
within twenty (20) months of the execution of this Agreement.
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4-/109
(d) Before the conveyance of title to each Parcel,
the Executive Director of Agency, and Developer shall meet and
develop a schedule for construction for the improvements on such
Parcel. The Developer shall begin and complete all construction
and development within the times specified in the schedule with
such extensions of said dates as may be granted by the Executive
Director of the Agency in their sole discretion. The schedule is
subject to Section 7.4 of this Agreement and is subject to revision
from time to time as mutually agreed upon in writing between the
Developer and the Executive Director of Agency, each exercising
their sole discretion.
2.4 Conditions to Developer's Riqht to Acquire Site.
Developer's right to acquire any portion of the Site shall be
contingent upon the following:
(a) Approved Financinq. Developer must present to
the Agency staff evidence of acceptable financing for the Phase to
be acquired. Acceptable financing entails: (1) a lender of
excellent reputation which is reasonably acceptable to the Agency;
(ii) who validly commits in writing on specified objective terms
and conditions reasonably approved by Agency to finance the
construction of the Phase improvements pursuant to a disbursement
schedule which is reasonably acceptable to the Agency; (iii) who
agrees that loan proceeds will only be used for costs associated
with the Project pursuant to this Agreement; (iv) whose
documentation permits the acquisition, without discount or
recourse, of the loan by the Agency (or its assignee) in the event
this Agreement is terminated as a result of a Developer default and
the Agency takes back the property (as described in Section 6.7
below); (v) who agrees to release any designated areas to the
assessment district that will own and maintain such areas without
consideration upon the conveyance of the first unit; and (vi) who
agrees to enter into an agreement with the Agency concerning the
Agency's right to reenter the property on the terms and conditions
set forth in Section 6.7 of this Agreement;
(b) Approved Marketinq study. Developer shall
present to Agency staff in writing a marketing study prepared by
Developer demonstrating substantial demand for Business Homes units
in the phase to be acquired, including, without limitation, a list,
with names and addresses, of interested or pre-committed
purchasers, which shall be subject to reasonable approval by Agency
staff;
(c) Payment of Purchase Price and Closinq Costs.
Developer shall pay the purchase price for such phase and
Developer's share of closing costs; and
(d) presale Requirement. Agency shall abide by
any Phase by Phase or total Project presale requirement that may
be imposed, if at all, by Developer's lender.
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(e) Required Enti tlements. Developer shall receive'
approval of all required governmental approvals governing
development and/or use of the Site ("Entitlements"), including
Entitlements which must be obtained from the City and other public
agencies. The parties hereto expressly acknowledge and agree that
the Agency cannot grant any such Entitlements or cause any other
governmental agency, including the City, to grant any such
Enti tlements. Accordingly, the parties hereto expressly agree
that, notwithstanding approval of this Agreement, the obligations
of each party hereto shall be contingent upon the receipt of all
Entitlements required for the development of the Site in the manner
set forth in this Agreement and the obligations of .each party
hereto shall only arise upon the receipt of such Entitlements. The
Developer hereby releases the City and the Agency from any
liability based upon the Developer's failure to obtain any such
Entitlement and expressly agree that in no event shall any exercise
of the Ci ty' s or Agency's discretion to approve, condi tion or
disapprove any Entitlement or other discretionary item which is a
condition to the obligations of the parties of this Agreement be
deemed to be a default or an act of bad faith by the City or the
Agency.
Developer and Agency shall cooperate to initiate and process
the required Entitlements. The Entitlements include but may not
be limited to the following:
(1) Approval and recordation of a parcel map;
(2) Formation and effective date of assessment
district.
In the event that all of the Entitlements are not approved
within four (4) months of the effective date of this Agreement, or
in the event that the City, the Agency, or any other entity shall
deny any of the requested discretionary approvals or disapprove any
required Entitlement or other agreement necessary for construction
or use of the Site, then upon thirty (30) days written notice from
either party to the other, this Agreement shall be of no force and
effect and neither of the parties shall have any further
obligations to any of the other parties pursuant to this Agreement.
The parties understand and acknowledge that the City and
Agency reserve the right to exercise their discretion as to all
matters which they are, by law, entitled or required to exercise
their discretion.
(f) No Material Default.
in material default of this Agreement.
Developer shall not be
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2.5 Escrow
The Agency agrees to open an escrow for conveyance of each
Parcel of the Site with Chicago Title Insurance Company or such
other escrow agent as may be acceptable to both the Agency and the
Developer (the "Escrow Aqent") as escrow agent in a timely manner.
Sections 1.4-1.5 and 2.1-2.12 inclusive of this Agreement
constitute the joint escrow instructions of the Agency and the
Developer, and a duplicate original of this Agreement shall be
delivered to the Escrow Agent upon the opening of the escrow. The
Agency and the Developer shall provide such additional escrow
instructions consistent with this Agreement as shall be necessary.
The Escrow Agent hereby is empowered to act under such
instructions, and upon indicating its acceptance thereof in
writing, delivered to the Agency and to the Developer within five
(5) days after opening of the escrow, the Escrow Agent shall carry
out its duties as Escrow Agent hereunder.
Upon delivery of the Grant Deed for the applicable Parcel to
the Escrow Agent by the Agency pursuant to Section 2.9 of this
Agreement, the Escrow Agent shall record such Deed in accordance
with these escrow instructions, provided that the title to the
applicable Parcel can be vested in the Developer in accordance with
the terms and provisions of this Agreement. The Escrow Agent shall
buy, affix and cancel any transfer stamps required by law. Any
insurance policies governing the applicable Parcel are not to be
transferred.
The Developer shall pay in escrow to the Escrow Agent the
following fees, charges and costs not to exceed Three Thousand
Dollars ($3,000.00) promptly after the Escrow Agent has notified
the Developer of the amount of such fees, charges and costs, but
not earlier than ten (10) days prior to the scheduled date for the
conveyance of the applicable Parcel:
1. The entire escrow fee;
2. The premium for the title insurance policy as set
forth in Section 2.11 of this Agreement;
3. Cost of drawing the Deed;
4. Recording fees;
5. Notary fees;
6. Any State, County or City documentary stamps or
transfer taxes;
7. Fifty percent (50%) of the collective amount of the
fees, charges and costs excluding Three Thousand
Dollars ($3,000.00).
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To ti).e extent that said fees, changes and costs exceed
$3,000.00, then Agency shall 'pay the same.
The Developer shall also deposit the Purchase Price for the
applicable Parcel with the Escrow Agent in accordance with the
provisions of Section 2.10 of this Agreement.
The Agency shall pay in escrow to the Escrow Agent the
following fees, charges and costs promptly after the Escrow Agent
has notified the Agency of the amount of such fees, charges and
costs, but not earlier than ten (10) days prior to the scheduled
date for the conveyance of the applicable Parcel:
1 . Costs necessary to place the title to the applicable
Parcel in the condition for conveyance required by
the provisions of this Agreement;
2. Ad valorem taxes, if any, upon the applicable Parcel
for any time prior to the conveyance of title.
The Agency shall timely and properly execute, acknowledge and
deliver a Grant Deed in substantially the form established in
Section 2.7 of this Agreement, conveying to the Developer title to
the applicable Parcel in accordance with the requirements of
Section 2.8 of this Agreement, together with an estoppel
certificate certifying that the Developer has completed all acts
(except deposit of the Purchase Price), necessary to entitle the
Developer to such conveyance, if such be the fact.
The Escrow Agent is authorized to:
1 . Pay, and charge the Agency and the Developer,
respectively, for any fees, charges and costs
payable under this Section 2.5 of this Agreement.
Before such payments are made, the Escrow Agent
shall notify the Agency and the Developer of the
fees, charges and costs necessary to clear title and
close the escrow.
2. Disburse funds and deliver the Deed and other
documents to the parties entitled thereto when the
conditions of this escrow have been fulfilled by the
Agency and the Developer. The Purchase Price shall
not be delivered by the Escrow Agent unless and
until it has recorded the Deed to the applicable
Parcel and has, delivered to the Developer a title
insurance policy insuring title and conforming to
the requirements of Section 2.11 of this Agreement.
3. Record any instruments delivered through this escrow
if necessary or proper to vest title in the
Developer in accordance wi th the terms and
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provisions of the escrow instructions portion of
this Agreement (Sections 1.4-1.5 and 2.1-2.12).
All funds received in this escrow shall be deposited by the
Escrow Agent in a general escrow account with any state or national
bank doing business in the State of California and reasonably
approved by the Developer and the Agency, and may be combined in
such with other escrow funds of the Escrow Agent.
If this escrow is not in condition to close on or before the
time for conveyance established in Section 2.6 of this Agreement,
either party who then shall have fully performed the acts to be
performed before the conveyance of title may, in writing, demand
the return of its money, papers or documents from the Escrow Agent.
No demand for return shall be recognized until ten (10) days after
the Escrow Agent (or the party making such demand) shall have
mailed copies of such demand to the other party or parties at the
address of its principal place of business. Objections, if any,
shall be raised by written notice to the Escrow Agent and to the
other party within the ten (10) day period, in which event the
Escrow Agent is authorized to hold all money, papers and documents
with respect to the applicable Parcel until instructed by a mutual
agreement of the parties or, upon failure thereof, by a court of
competent jurisdiction. If no such demands are made, the escrow
shall be closed as soon as possible.
If objections are raised as above-provided for, the Escrow
Agent shall not be obligated to return any such money, papers or
documents except upon the written instructions of both the Agency
and the Developer, or until the party entitled thereto has been
determined by a final decision of a court of competent
jurisdiction. If no such objections are made within said ten (10)
day period, the Escrow Agent shall immediately return the demanded
money, papers or documents.
Any amendment to the escrow instructions shall be in writing
and signed by both the Agency and the Developer. At the time of
any amendment the Escrow Agent shall agree to carry out its duties
as Escrow Agent under such amendment.
All communications from the Escrow Agent to the Agency or the
Developer shall be directed to the addresses and in the manner
established in Section 7.1 of this Agreement for notices, demands
and communications between the Agency and the Developer.
2.6 Convevance of Title and Deliverv of Possession
Subject to any mutually agreed-upon extension of time,
conveyance to the Developer of ti tIe to each Parcel shall be
completed on or prior to the dates set forth in Section 2.3 hereof
or such later date mutually agreed to in writing by the Executive
Director of the Agency and the Developer and communicated in
writing to the Escrow Agent.
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Except as otherwise provided herein, possession of the
applicable Parcel shall be delivered to the Developer concurrent
with the conveyance of title. The Developer shall accept title and
possession to the applicable Parcel on or before the dates set
forth above.
2.7 Form of Deed
The Agency shall convey to the Developer title to the each
Parcel in the condition provided in Section 2.8 of this Agreement
by Grant Deed in a form to be mutually agreed upon by the Agency
and the .Developer consistent with this Agreement and otherwise
utilizing Escrow Agent's standard form. The Grant Deed to each
Parcel shall contain covenants necessary or desirable to carry out
this Agreement.
2.8 Condition of Title
The Agency shall convey to the Developer fee simple
title to each Parcel of the Site subject only to those matters of
record set forth as items , , , , and , of Schedule
B of that certain Preliminary Title Report issued by Escrow Agent,
dated as of , 1995.
2.9 Time for and Place for Deliverv of Deed
Subject to any mutually agreed-upon extension of time, the
Agency shall deposit the Grant Deed for the applicable Parcel with
the Escrow Agent on or before the date established for conveyance,
as set forth above.
2.10 Payment of the Purchase Price and Recordation of the Deed
The Developer shall promptly deposit the Purchase Price for
the applicable Parcel with the Escrow Agent upon or prior to the
date for conveyance thereof, provided that Escrow Agent shall have
notified the Developer in writing that the Grant Deed conveying the
applicable Parcel to the Developer, properly executed and
acknowledged by the Agency, has been delivered to the Escrow Agent
and that title is in condition to be conveyed in conformity with
the provisions of Section 2.8 of this Agreement. The Escrow Agent
shall deliver the Purchase Price to the Agency irnrnediately
following the delivery to the Developer of a title insurance policy
insuring title in conformity with Section 2.11 of this Agreement
and the filing of the deed for recordation among the land records
in the Office of the County Recorder for San Diego County.
2.11 Title Insurance
Concurrently with recordation of the Grant Deed, Escrow Agency
( "Ti tIe Co. " ) shall issue and deliver to the Developer an ALTA
extended coverage policy of title insurance insuring that the title
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is vested in the Developer in the condition required by Section 2.8
of this agreement. The title insurance policy shall be in the
amount of the Purchase Price of the applicable Parcel or in such
greater amount as the Developer may specify as hereinafter
provided.
Concurrent with the issuance of the title policy for the
applicable Parcel, Escrow Agent shall, if requested by the
Developer, provide the Developer with an endorsement to insure the
amount of the Developer I s estimated construction costs of the
improvements to be constructed thereon.
2.12 Taxes and Assessments
Ad valorem taxes and assessments, if any, on each Parcel shall
be prorated in escrow as of the date of close of escrow based on
a 30-day month and a 360-day year.
2.13 Condition of the Site
Subject to completion of the work set forth in Section 3 of
this Agreement, the Site, each Parcel, and all improvements thereon
shall be conveyed in an "as is" condition, with no warranty,
express or implied by the Agency as to the physical condition
(including the existence of hazardous materials), value,
development, use, marketability, feasibility and suitability of the
Site, or any Parcel thereof, for Developer's intended use.
Developer is a sophisticated purchaser who is familiar with this
type of property. Developer will make its own independent
investigation, to the extent Developer deems necessary, of the
condition or suitability of the Site and each Parcel and will
acquire all or any portion of the Site solely in reliance on such
independent investigation. Developer acknowledges that any and all
studies, reports, surveys, maps and other information that
Developer may receive from Agency or its agents in connection with
the Site are provided without any warranty (whether oral or
written, express or implied) by Agency as to their accuracy, and
on the express condition that Developer shall make its own
independent evaluation of such information. Developer
uncondi tionally releases Agency from and against any and all
liability to Developer, both known and unknown, present and future,
for any and all damages, losses, claims and costs (including
attorneys fees), without limitation, the existence of hazardous
materials), or the Site's non-suitability for Developer's intended
use. Developer waives the provisions of California Civil Code
Section 1542 which provides: "A general release does not extend to
claims which the creditor does not know or suspect to exist in his
favor at the time of executing the release which if known by him
must have materially affected his settlement with the debtor.
The Agency agrees that it will not cause, or permit its
contractors or agents to cause, without remediating the same,
during the time the applicable Parcel is in the possession of the
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Agency, and prior to conveyance of title to the applicable Parcel
to the Developer,' the placement of any hazardous or toxic
substances on the applicable Parcel which contaminates the soil
and/or water on the applicable Parcel. Notwithstanding the
foregoing, any hazardous or toxic substances already existing on
the Site may be moved and/or temporarily stockpiled on the Site in
accordance with the scope of demolition and/or remediation work
conducted at the Site by Watkins Contracting, Inc. and/or Woodward-
Clyde under contracts with the Agency which have been approved by
Developer.
2.14 Preliminary Work bv the Developer
Prior to the conveyance of ti tIe to each Parcel,
representatives of the Developer shall at all reasonable times have
the right of access to and entry upon those real properties
comprising the applicable Parcel which are owned by the Agency, or
of which the Agency has possession; for the purpose of obtaining
data relevant to its development process and making surveys and
tests necessary to carry out this Agreement. The Developer agrees
to defend, indemnify and hold the Agency, the City, and their
officers, employees, contractors and agents, harmless from and
against any and all claims, liability, loss, damage, costs or
expenses (including reasonable attorneys' fees and court costs)
arising out of any work or activity of the Developer, its officers,
employees, contractors and agents permitted pursuant to this
Section 2.14. The Agency agrees to provide, or cause to be
provided to the Developer all data and information pertaining to
each Parcel that is available to the Agency when requested by the
Developer.
2.15 Submission of Evidence of Financinq
The Developer shall report regularly as requested by the
Agency (but at least every three (3) months) on its progress in
obtaining financing for the development on each Parcel. The
reports may be oral, or shall be in writing if requested by the
Agency. The reports shall explain in reasonable detail the sources
and methods of financing sought, the status of obtaining the
financing and the issues, if any, which must be resolved, and the
preleasing or presales activity which is required or has been
achieved. The information in the reports shall remain confidential
to the extent permitted by law, recognizing without limitation that
they are subject to review by responsible officials, employees and
contractors of the Agency.
Developer shall submit to the Agency evidence satisfactory to
the Agency that the Developer has obtained the financing necessary
for the acquisition and development of the applicable Parcel in
accordance with this Agreement. Such evidence of financing shall
include all information described in Section 2.4(a) of this
Agreement and the following:
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(a) A copy of the term sheet describing the details
of the terms and condi tions of the mortgage
loan or loans obtained by the Developer (both
for interim construction financing and take out
financing if a condition of funding the
construction loan) to assist in financing the
construction of the improvements on the
applicable Parcel (as defined in the Scope of
Development attached as Attachment 6),
certified by the Developer to be a true and
correct copy or copies thereof; and
(b) Evidence reasonably satisfactory to the Agency
of sources of equity capital sufficient to
demonstrate that the Developer has adequate
funds to cover the difference, if any, between
construction cost minus financing authorized
by mortgage loans.
The Agency shall approve or disapprove such evidence of
financing in a timely manner. If the Agency shall disapprove any
such evidence of financing, the Agency shall do so by written
notice to the Developer stating the reasons for such disapproval.
3. PREACQUISITION OBLIGATIONS.
3.1 Demolition of Existinq Buildinqs
The Agency has contracted for demolition of the existing
structures at the Agency's sole cost with Watkins Contracting, Inc.
("Demolition Contract"). Such demolition work shall be completed
in accordance with the schedule set forth in the Demolition
Contract. The demolition work shall include all work described in
the Demolition Contract ("Demolition Work"). Except as otherwise
provided herein, Developer shall be responsible, at Developer's
sole cost, for any and all other work on the Site necessary for the
development of the Project.
3.2 Site Remediation Work.
(a) Agency has contracted with Woodward-Clyde
("Environmental Consultant") for testing and the performance of a
limited surface soils investigation for the Site. Agency shall be
responsible for payment of all costs of the pre-demolition soils
testing (approximately $17,000.00 (Seventeen Thousand Dollars))
("Pre-demo Soils Testinq").
(b) Agency shall contract with the Environmental
Consultant to conduct the additional testing, monitoring and
remediation recommended by the Environmental Consultant as a result
of the Pre-demo Soils Testing and which is of a type and scope
agreed to by the parties to this Agreement ("Remediation Work").
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(c) Agency and Developer each commit to share in
the costs of the Remediation Work, as follows: (i) Developer shall
be responsible for payment of up to the first Ten Thousand Dollars
($10,000.00) due and payable for the Remediation work; (ii) Agency
shall be responsible for payment of up to the next Ten Thousand
Dollars ($10,000.00) due and payable for the Remediation Work; and
(iii) each party will be responsible for payment of fifty percent
(50%) of up to the next Twenty Thousand Dollars ($20,000.00) due
and payable for the Remediation Work. If during the course of
performing the Remediation Work, Environmental Consultant indicates
or the parties otherwise agree that the Remediation Work will cost
in excess of Forty Thousand Dollars ($40,000.00), ("Additional
Remediation Work") then, while neither party shall be obligated to
advance sums in excess of this amount, the parties shall meet,
discuss and negotiate the allocation of responsibility.
(d) If the parties are unable to agree to the
allocation of responsibility for Additional Remediation Work,
Developer may terminate this Agreement pursuant to Section 6.6.1.
Notwithstanding the termination of this Agreement, Developer shall
remain liable for the first Ten Thousand Dollars ($10,000.00) due
and payable for the Remediation Work and fifty percent (50%) of up
to the next Twenty Thousand Dollars ($20,000.00) due and payable
for the Remediation Work. Developer shall be responsible for such
amounts only if Agency proceeds with the Remediation Work and
incurs such costs.
(e) If the parties reach agreement as to the
allocation of responsibility for Additional Remediation Work or if
the Remediation Work does not exceed Forty Thousand Dollars
($40,000.00), then, subject to the Agency's completion of the
Demolition Work, the Site shall be acquired by Developer in an "as
is" condition with no representations and warranties from Agency
with respect to the physical condition thereof.
(f) The Agency shall contract for and oversee the
Remediation Work and any agreed upon Additional Remediation Work.
Developer shall reimburse Agency for any amounts owed by Developer
within seven (7) days of the receipt of the applicable invoice and
supporting documentation from Agency.
(g) The Remediation Work and any Additional
Remediation Work shall be deemed complete when Environmental
Consultant or another licensed hazardous materials professional has
issued a letter or report certifying that no further environmental
work needs to be conducted at the Site.
(h) Developer shall have the right but not the
obligation to monitor the Remediation Work and any Additional
Remediation Work. This right shall include the ability to review
all information generated by Environmental Consultant and to meet
and discuss the progress with Environmental Consultant.
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( i) Developer and Agency shall meet and confer
regarding pursuit of monetary claims relating to' the Remediation
Work. If the parties so agree, Agency shall use its best efforts
to pursue any and all monetary claims the Agency may have including
those against Fuller Ford and its principals and under the state
Underground storage Tank Cleanup Fund for the cost of the
Remediation Work. If Agency pursues such claims, Agency shall
reimburse Developer for up to its monetary contribution to the
Remediation Work out of the first available proceeds after
deducting Agency's actual costs in pursuing such claims.
4. DEVELOPMENT OF THE SITE
4.1 Development of the Site
Developer shall have no obligation to construct on any Parcel
unless and until Developer elects to acquire that Parcel. Upon
such election and the close of escrow conveying any Parcel to
Developer, Developer's obligation to construct the improvements on
that Parcel shall mature and Developer shall be subject to the
remedies provided in this Agreement for failure to complete
construction in the manner and the time set forth in this
Agreement. All construction shall comply with all applicable
federal, state and local laws, and all environmental, land use and
other conditions imposed on the Project.
4.1 .1
Scope of Development
The Site, and each Parcel thereof, shall be developed with
"Business Homes" in accordance with and within the limitations
established in the "Scope of Development" incorporated herein and
attached to this Agreement as Attachment No.4.
4.1.2
Basic Concept and Schematic Drawinqs
The Developer has prepared and submitted, and Agency has
approved Basic Concept and Schematic Drawings and related documents
for the development of the Site.
The Si te shall be developed as established in the Basic
Concept and Schematic Drawings and related documents except as
changes may be mutually agreed upon between the Developer and the
Agency. Any such changes shall be within the limitations of the
Scope of Development (Attachment No.3) and shall be processed in
accordance with all applicable local land use processes and
conditions.
4.1.3
Landscapinq and Gradinq Plans
The Developer shall prepare and submit to the Agency for its
approval preliminary and final landscaping and preliminary and
finish grading plans for each Parcel. Those plans shall be
prepared and submitted within the time established by the parties
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as described in Section 2.3. The landscaping plans shall include
a lighting program which highl~ghts the design of components of the
developme'nt, including, but not limited to, building facades,
architectural detail, building interiors, landscaping and
sculpture.
The landscaping plans shall be prepared by a professional
landscape architect and the grading plans shall be prepared by a
licensed civil engineer. Such landscape architect and/or civil
engineer may be the same firm as the Developer's architect.
4.1.4
Construction Drawinqs and Related Documents for,
the Site
The Developer shall prepare and submit construction drawings
and related documents (COllectively called the "Drawinqs") for the
development pertaining to each Parcel to the Agency for review
(including but not limited to architectural review), and written
approval in the times established by the parties as described in
Section 2.3. Such construction drawings and related documents
shall be submitted in three stages: Design Development Drawings,
50% Complete Construction Drawings and Final Construction Drawings.
Final Construction Drawings are hereby defined as those in
sufficient detail to obtain a building permit.
Approval of progressively more detailed drawings and
specifications will be promptly granted by the Agency if developed
as a logical evolution of drawings or specifications theretofore
approved. Any items so submitted and approved by the Agency shall
not be subject to subsequent disapproval.
During the preparation of all drawings and plans, the Agency
and the Developer shall hold regular progress meetings to
coordinate the preparation of, submission to, and review of
construction plans and-related documents by the Agency. The Agency
and the Developer shall communicate and consult informally as
frequently as is necessary to insure that the formal submittal of
any documents to the Agency can receive prompt and speedy
consideration.
If any revisions or corrections of plans approved by the
Agency shall be required by any non-City/Agency government
official, agency, department, or bureau having jurisdiction over
the development of the Site, the Developer and the Agency shall
cooperate in efforts to obtain waiver of such requirements or to
develop a mutually acceptable alternative.
4.1.5
Aqencv Approval of Plans. Drawinqs and Related
Documents
Subject to the terms of this Agreement, the Agency shall have
the right of review (including without limitation architectural
review) of all plans and submissions, including any proposed
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changes therein. The Agency shall approve or disapprove the plans,
drawings and related documents referred to in Sections 4.1.3, and
4.1.4 of this Agreement in a timely manner. Any disapproval shall
state in writing the reasons for disapproval and the changes which
the Agency requests to be made. Such reasons and such changes must
be consistent with the Scope of Development (Attachment NO.3) and
any items previously approved or deemed approved hereunder. The
Developer, upon receipt of a disapproval based upon powers reserved
by the Agency hereunder, shall revise the plans, drawings and
related documents, and shall resubmit to the Agency as soon as
possible after receipt of the notice of disapproval.
If the Developer desires to make any substantial change in the
Final Construction Drawings after their approval, such proposed
change shall be submitted to the Agency for approval. If the Final
Construction Drawings, as modified by the proposed change, conform
to the requirements of Section 4.1.4 of this Agreement and the
Scope of Development, the proposed change shall be approved and the
Developer shall be notified in writing within fifteen (15) days
after submission. Such change in the construction plans shall, in
any event, be deemed approved unless rejected, in whole or in part,
by written notice thereof setting forth in detail the reasons
therefor, and such rejection shall be made within said fifteen (15)
day period.
4.1.6
Cost of Construction
The cost of developing the Site, and each Parcel thereof, and
constructing all improvements thereon shall be borne by the
Developer, except as provided in this Agreement.
4.1.7
Construction Proqress Reports
During periods of construction, the Developer shall submit to
the Agency a written report of the progress of the construction
when and as reasonably requested by the Agency. The report shall
be in such form and detail as may be reasonably required by the
Agency and shall include a reasonable number of construction
photographs (if requested) taken since the last report by the
Developer.
4.1.8
Indemnification Durinq Construction; Bodilv
In;ury and Property Damaqe Insurance
During the period commencing with execution of this Agreement
by the Agency, and continuing until such time as the Agency has
issued a Certificate of Completion with respect to the construction
of all improvements on the Site, the Developer agrees to and shall
defend, indemnify and hold harmless the Agency, and City and their
respective officers, employees, contractors and agents from and
against all claims, liability, loss, damage, costs or expenses
(including reasonable attorneys' fees and court costs) arising from
or as a result of the death of any person or any accident, injury,
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loss or damage whatsoever caused to any person or to the property
of any person arising out of the activities of the Developer under
this Agreement, and which shall be directly or indirectly caused
by any acts done or any errors or omissions of the Developer or its
officers, employees, contractors or agents. The Developer shall
not be responsible for (and such indemnity shall not apply to) any
acts, errors or omissions of misconduct by the Agency, the City,
or their respective officers, employees; contractors or agents.
Without limiting the preceding sentence, except for activities
undertaken by the Developer with respect to a Parcel before the
conveyance of title thereto to the Developer, the Agency hereby
acknowledges that (as between the Agency and the Developer) the
Agency is responsible for maintaining each Parcel and any
improvements which.may remain thereon in a safe condition prior to
conveyance of title to the applicable Parcel to the Developer.
During the period commencing with any preliminary work on the
Site by the Developer ,under Section 2.14, or if none, then
commencing with conveyance of title to: the first Parcel to the
Developer, and ending on the date when a Certificate of Completion
has been issued with respect to the entire Site, the Developer
shall furnish or cause to be furnished to the Agency, duplicate
originals or appropriate certificates of bodily injury and property
damage insurance policies in the amount of at least Two Million
Dollars ($2,000,000.00) combined single limit naming the Agency and
Ci ty, and their officers, employees, contractors and agents as
additional insureds.
4.1.9
Antidiscrimination durinq Construction
The Developer for itself and its successors and assigns agrees
that in the construction of the improvements on the Site provided
for in this Agreement, the Developer will not discriminate against
any employee or applicant for employment because of sex, marital
status, race, color, creed, religion, national origin or ancestry.
4.1.10
Local, state and Federal Laws
The Developer shall carry out the construction of
improvements on the Site in conformity with all applicable
including all applicable federal and state labor standards.
the
laws,
4.1.11
City and Other Governmental Aqencv Permits
Before commencement of construction or development of any
buildings, structures or other work of improvement upon each Parcel
of the Site, the Developer shall, at its own expense, secure or
cause to be secured, any and all permits which may be required by
the City or any other governmental agency affected by such
construction, development or work. Agency staff shall reasonably
cooperate with the Developer in securing these permits.
4.1.12
License/Easement
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Agency and/or City shall and do hereby grant Developer a
license, revocable upon the termination of this Agreement, to use
portions of the Site not yet acquired by Developer for construction
staging and stockpiling relating to Developer I s development and
construction activities upon the Site. Any such use of the Site
by Developer shall be subject to Section 4.1.8 hereof.
4.2 Fees
Developer shall be solely responsible for payment of all
applicable Project processing and impact fees. Developer reserves
the right to challenge the propriety of the imposition of or amount
of any such fees.
4.3 Taxes; Assessments: Encumbrances; and Liens
The Developer shall pay when due all real estate taxes and
assessments assessed and levied on or against each Parcel
subsequent to the conveyance of the title thereto. The Developer
shall not place, or allow to be placed, on the Site or any Parcel
thereof, any mortgage, trust deed, encumbrance or lien not
authorized by this Agreement. The Developer shall remove, or shall
have removed, any levy or attachment made on the Site (or any
Parcel thereof ), except those created by work of the Agency, or
shall assure the satisfaction thereof within a reasonable time but
in any event prior to a sale thereunder. Nothing herein contained
shall be deemed to prohibit the Developer from contesting the
validity or amount of any tax assessment, encumbrance or Lien, nor
to limit the remedies available to the Developer in respect
thereto. The covenants of the Developer set forth in this Section
4.4 relating to the placement of any unauthorized mortgage, trust
deed, encumbrance or lien, shall remain in effect only until a
Certificate of Completion of construction has been recorded with
respect to the Parcel upon which any unauthorized mortgage, trust
deed, encumbrance or lien might be placed.
4.4 Prohibition aqainst Transfer
Prior to the recordation by the Agency of a Certificate of
Completion for a Parcel (referred to in Section 4.7 of this
Agreement), the Developer shall not, except as permitted by this
Agreement, assign or attempt to assign this Agreement or any right
herein with respect to such Parcel, nor make any total or partial
sale, transfer, conveyance or assignment of the whole or any part
of such Parcel or the improvements thereon, without prior written
approval of the Agency. This prohibition shall not apply to a
Parcel (or any portion thereof) subsequent to the recordation of
the Certificate of Completion with respect thereto. This
prohibition shall not be deemed to prevent the granting of
easements or permits necessary for the development of the Site, nor
shall it prohibit entering into contracts to sell individual
business homes conditional on the issuance of a Certificate of
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Completion therefor, nor shall it prohibit granting any security
interests expressly described in this Agreement for financing the
acquisition and development of the applicable Parcel.
4.5 Security Financinq; Riqht of Holders
4.5.1
No Encumbrances except Mortqaqes. Deeds of
Trust. Conveyances and Leases-Back or Other
Convevance for Financinq for Development
Notwithstanding Section 4.4, after conveyance of title to the
applicable Parcel to the Developer, mortgages, and deeds of trust,
or any other form of conveyance required for any reasonable method
of financing are permitted with respect to the Parcel before the
recordation of the Certificate of Completion (referred to in
Section 4.7 of this Agreement), but only for the purpose of
securing loans of funds to be used for financing the acquisition
of such Parcel, the construction of improvements on such Parcel,
and any other expenditures necessary and appropriate to develop
such Parcel under this Agreement. The Developer shall notify the
Agency in advance of any mortgage, deed of trust, or other form
of conveyance for financing, if the Developer proposes to enter
into the same before the recordation of the Certificate of
Completion. The Developer shall not enter into any such conveyance
for financing without the prior written approval of the Agency,
which approval the Agency agrees to give if any such conveyance is
given to a financial or lending institution approved by Agency
under the standards set forth in Section 2.4(a) and 2.17 hereof.
Such lender approved by the Agency pursuant to this Section 4.5.1,
shall not be bound by any amendment, implementation or modification
to this Agreement subsequent to its approval without such lender
giving its prior written consent.
In any event, the Developer shall promptly notify the Agency
of any mortgage, deed of trust, conveyance and lease-back, or other
financing, conveyance, encumbrance or lien that has been created
or attached to the Site or any Parcel (or any portion thereof)
prior to completion of the construction of the improvements thereon
whether by voluntary act of the Developer or otherwise.
The words "mortgage" and "deed of trust" as used herein
include all other appropriate modes of financing real estate
acquisition, construction and land development.
4.5.2
Holder Note Obliqated to Construct Improvements
The holder of any mortgage, dead of trust or other security
interest authorized by this Agreement shall in no way be obligated
by the provisions of this Agreement to construct or complete the
improvements or to guarantee such construction or completion; nor
shall any covenants or any other provision in the grant deed for
the applicable Parcel be so construed as to so obligate such
holder. Nothing in this Agreement shall be deemed or construed to
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permit su~h holder to devote the Site to any uses or to construct
any improvements on the Site, other than those uses or improvements
provided for or authorized by this Agreement.
4.5.3
Notice of Default to Mortqaqe. Deed of Trust
or Other Security Interest Holders; Riqht to
Cure
Whenever the Agency shall deliver any notice or demand to the
Developer with respect to any breach or default by the Developer
in completion of construction of the improvements, the Agency shall
at the same time deliver to each holder of record of any mortgage,
deed of trust or other security interest authorized by this
Agreement a copy of such notice or demand. Each such holder shall
(insofar as the rights of the Agency are concerned) have the right
at its option within ninety (90) days after the receipt of the
notice, to cure or remedy, or commence to cure or remedy, any such
default and to add the cost thereof to the security interest debt
and the lien of its security interest. If such default shall be
a default which can only be remedied or cured by such holder upon
obtaining possession, such holder shall seek to obtain possession
with diligence and continuity through a receiver or otherwise, and
shall remedy or cure such default within ninety (90) days after
obtaining possession; provided that in the case of a default which
cannot with diligence be remedied or cured, or the remedy or cure
of which cannot be commenced within such ninety (90) day period,
such holder shall have such additional time as reasonably necessary
to remedy or cure such default with diligence and continuity; and
provided further that such holder shall not be required to remedy
or cure any non-curable default of the Developer. Nothing
contained in this Agreement shall be deemed to permit or authorize
such holder to undertake or continue the construction or completion
of the improvements (beyond the extent necessary to conserve or
protect the improvements or construction already made) without
first having expressly assumed the Developer's obligations to the
Agency by written agreement satisfactory to the Agency. The holder
in that event must agree to complete, in the manner provided in
this Agreement, the improvements to which the lien or title of such
holder related, and submit evidence satisfactory to the Agency that
it has the qualifications and/or financial responsibility necessary
to perform such obligations. Any such holder properly completing
such improvements shall be entitled, upon written request made to
the Agency, to a Certificate of Completion from the Agency.
4.5.4
Failure of Holder to Complete Improvements
In any case where, six (6) months after default by the
Developer in completion of construction of improvements on any
Parcel under this Agreement, the holder of any mortgage, deed of
trust or other security interest creating a lienor encumbrance
upon such Parcel (or portion thereof) has not exercised the option
to construct, or if it has exercised the option but has not
proceeded diligently with construction, the Agency may purchase
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the mortgage, deed of trust or other security interest by payment
to the holder of the amount of the unpaid debt, plus any accrued
and unpaid interest. If the ownership of the Parcel (or portion
thereof) has vested in the holder, the Agency, if it so desires,
shall be entitled to a conveyance from the holder to the Agency
upon payment to the holder of an amount equal to the sum of the
following:
(a) The unpaid mortgage, deed of trust or other
security interest debt at the time title became
vested in the holder (less all appropriate
credits, including those resulting from
coLlection and application of rentals and other
income received during foreclosure
proceedings) .
(b) All expenses with respect to foreclosure.
(c) The net expense, if any (exclusive of general
overhead), incurred by the holder as a direct
result of the subsequent ownership or
management of the Parcel (or portion thereof),
such as insurance premiums and real estate
taxes.
(d) The cost of any improvements made by such
holder.
(e) An amount equivalent to the interest that would
have accrued on the aggregate of such amounts
had all such amounts become part of the
mortgage or deed of trust debt and such debt
had continued in existence to the date of
payment by the Agency.
4.5.5 Riaht of the Aaencv to Cure Mortaaae, Deed of
Trust. or Other Security Interest Default
In the event of a default or breach by Developer under any
mortgage, deed of trust or other security instrument with respect
to any Parcel prior to the issuance of a Certificate of Completion
by the Agency with respect to such Parcel, the holder of such
security instrument shall give the Agency the same notice and cure
rights to which Developer is entitled under the applicable loan
documents.
In the event of a default or breach by the Developer of a
mortgage, deed of trust or other security interest with respect to
any Parcel (or any portion thereof) prior to the issuance of a
Certificate of Completion by the Agency, and the holder has not
exercised its option to complete the development, the Agency may
cure the default prior to completion of any foreclosure. In such
event, the Agency shall be immediately entitled to reimbursement
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from the Developer of all costs and expenses incurred by the Agency
in curing the default. The Agency shall also be entitled to a lien
upon the applicable Parcel (or portion thereof) to the extent of
such costs and disbursements. Any such lien shall be subordinate
and subject to mortgages, deeds of trust, or other security
instruments executed for the sole purpose of obtaining funds to
purchase and develop such Parcel (or portion thereof) as authorized
herein.
4.6 Riqht of the Aqency to Satisfy Other Liens on the
Property After Title Passes
Prior to the recordation of the Certificate of Completion
(referred to in Section 4.7 of this Agreement), and after the
Developer has had a reasonable time to challenge, cure or satisfy
any liens or encumbrances on the applicable Parcel (or any portion
thereof), the Agency shall have the right to satisfy any such liens
or encumbrances; provided, however, that nothing in this Agreement
shall require the Developer to payor make provisions for the
payment of any tax, assessment, lien or charge so long as the
Developer in good faith shall contest the validity or amount
thereof, and so long as such delay in payment shall not subject the
Parcel (or any portion thereof) to forfeiture or sale.
4.7 Certificate of Completion
Promptly after completion of all construction and development
to be completed by the Developer upon the applicable Parcel, and
assuming Developer is not otherwise in default under this Agreement
or in non-compliance with applicable local laws, permits and
conditions, the Agency shall furnish the Developer with a
Certificate of Completion upon written request therefor by the
Developer. The Agency shall not unreasonably withhold any such
Certificate of Completion. Such Certificate of Completion shall
be, and shall so state, conclusive determination of satisfactory
completion of the construction required by this Agreement upon the
applicable Parcel, and of full compliance with the terms hereof
with respect to the applicable Parcel. The Agency may also furnish
the Developer with a Certificate of Completion for portions of the
improvements upon the applicable Parcel, including for specific
uses, as are properly completed and ready to use if the Developer
is not in default under this Agreement.
The Certificate of Completion shall be in such form as to
permit it to be recorded in the Office of the Recorder of San Diego
County.
If the Agency refuses or fails to furnish a Certificate of
Completion for the applicable Parcel after written request from the
Developer, the Agency shall, within fifteen (15) days of receipt
of the written request, provide the Developer with a written
statement which details the reasons the Agency refused or failed
to furnish a Certificate of Completion. The statement shall also
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contain the Agency's opinion of the action the Developer must take
to obtain a Certificate of Completion. If the reason for such
refusal is confined to the immediate unavailability of specific
items or materials for landscaping, or incidental interior
punchlist items, or incidental exterior punchlist items which do
not adversely affect the appearance of the development, the Agency
will issue its Certificate of Completion upon the posting of a bond
by the Developer with the Agency in an amount representing one
hundred and fifty percent (150%) of the cost of the work not yet
completed.
Such Certificate of Completion shall not constitute evidence
of compliance with or satisfaction of any obligation of the
Developer to any holder of a mortgage, or any insurer of a mortgage
securing money loaned to finance the improvements, nor any part
thereof. Such certificate of Completion is not notice of
completion as referred to in Section 3093 of the California Civil
Code.
In no event shall the issuance of such Certificate of
Completion constitute a representation by Agency for any other
purpose as to the adequacy or completeness of the applicable
improvements, or otherwise relieve Developer of any liability for
improper design or construction (or other performance) of the
applicable improvements or of any liability for any indemnity or
other obligation undertaken by Developer with respect to the
applicable improvements.
5. USE OF THE SITE
5.1 Uses
The Developer covenants and agrees for itself, its successors,
its assigns and every successor in interest to the Site or any part
thereof, that during construction and thereafter the Developer, its
successors and assignees shall devote the Site, and each Parcel,
to the uses specified in the Redevelopment Plan, the Scope of
Development and the Grant Deed.
5.2 Maintenance and Control of Common Areas
Developer shall convey and Agency shall accept title to the
"Common Areas" associated with that Phase as more particularly
described on Attachment 4, as part of the parcel map process and
otherwise prior to the conveyance of the first Business Home unit.
Agency staff and Developer agree to meet and confer to formulate
an assessment district to provide maintenance of the Common Areas.
Agency staff and Developer shall present the application for the
assessment district to the City for its consideration, with the
goal of substantial implementation prior to the conveyance of Phase
1 .
5.3 Obliqation to Refrain from Discrimination
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The Developer covenants and agrees for itself, its successors,
its assigns and every successor in interest to the Site or any part
thereof, there shall be no discrimination against or segregation
of any person, or group of persons, on account of sex, marital
status, race, color, creed, religion, national origin or ancestry
in the sale, lease, sublease, transfer, use, occupancy, tenure or
enjoyment of the Site nor shall the Developer itself or any person
claiming under or through it establish or permit any such practice
or practices of discrimination or segregation with reference to the
selection, location, number, use or occupancy of tenants, lessees,
subtenants, sublessees or vendees of the Site.
5.4 Form of Nondiscrimination and Nonseareaation Clauses
The Developer shall refrain from restricting the rental, sale
or lease of the Site on the basis of sex, marital status, race,
color, creed religion, ancestry or national origin of any person.
All deeds, leases or contracts shall contain or be subject to
substantially the following nondiscrimination or nonsegregation
clauses:
(a) In deeds: "The grantee herein covenants by and
for itself, its successors and assigns, and all
persons claiming under or through them, that
there shall be no discrimination against or
segregation of, any person or group of persons
on account of sex, marital status, race,
color, creed, religion, national origin or
ancestry in the sale, lease, sublease,
transfer, use, occupancy, tenure or enjoyment
of the land herein conveyed, nor shall the
grantee itself or any person claiming under or
through it, establish or permit any such
practice or practices of discrimination or
segregation with reference to the selection,
location, number, use or occupancy of tenants,
lessees, subtenants, sublessees or vendees in
the land herein conveyed. The foregoing
covenants shall run with the land."
(b) In Leases: "The lessee herein covenants by and
for itself, its successors and assigns, and all
persons claiming under or through them, and
this lease is made and accepted upon and
subject to the following conditions:
That there shall be no discrimination against
or segregation of any person or group of
persons, on account of sex, marital status,
race, color, creed, religion, national origin
or ancestry in the leasing, subleasing,
renting, transferring, use, occupancy, tenure
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or enjoyment of the land herein leased, nor
shall lessee itself, or any person claiming
under or through it, establish or permit such
practice or practices of discrimination or
segregation with reference to the selection,
location, number, use or occupancy of tenants,
lessees, sublessees, subtenants or vendees in
the land herein leased."
(c) In contracts: "There shall be no
discrimination against or segregation of any
person or group of persons on account of sex,
marital status, race, color, religion, creed,
national origin or ancestry in the sale,
lease, sublease, transfer, use, occupancy,
tenure or enjoyment of the land, nor shall the
transferee itself or any person claiming under
or through it, establish or permit any such
practice or practices of discrimination or
segregation with reference to the selection,
location, number, use or occupancy of tenants,
lessees, subtenants, sublessees or vendees of
the land."
5.5 Land Use Controls
Developer and Agency shall work together to implement
mechanisms to restrict the use of the Business Homes to
residential/commercial joint owner occupancy, as follows:
(a) In Deeds: Deeds shall contain substantially
the following clause: "The grantee herein
covenants by and for itself, its successors and
assigns, and all persons claiming under or
through them, for the benefit of the City of
Chula Vista, the Redevelopment Agency of the
City of Chula Vista, and each and every other
Business Home owner at the Site, that the
commercial and residential portions of the
property shall be jointly used by the same
individual occupant."
(b) In CC&R' s: The CC&R' s described in Section 5.8
shall include a provision requiring joint
occupancy of the commercial and residential
portions of each Parcel.
(c) Business License Restrictions: Zoning permits
and/or business licenses issued for businesses
occupying any Parcel may include a provision
requiring joint occupancy of the commercial and
residential portions of each parcel.
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5.6 Effect and Duration of Covenants
The covenants established in this Agreement shall, without
regard to technical classification and designation, be binding on
the Developer and any successor in interest to the Site and each
Parcel (or any part thereof) for the benefit and in favor of the
Agency, its successors and assigns, and the City. Such covenants
as are to survive the issuance of the Certificate of Completion by
the Agency shall be contained in the Grant Deed and shall remain
in effect for the period specified therein.
5.7 Covenants. Conditions and Restrictions
Prior to Agency's conveyance of Parcel 1 to Developer,
Developer shall prepare Covenants, Conditions and Restrictions
( "CC&R ' s" ) for review and approval by Agency. The CC&R' s shall
address occupancy restrictions, commercial area use, access,
maintenance, alterations, maintenance of private improvements and
other similar issues which Agency and Developer mutually agree
should be included or which are otherwise required by Agency or
Ci ty. Agency shall be a third party beneficiary of the CC&R' s with
enforcement rights.
6. DEFAULTS, REMEDIES AND TERMINATION
6.1 Defaults - General
Subject to the extensions of time set forth in Section 7.4,
failure or delay by either party to perform any term or provision
of this Agreement constitutes a default under this Agreement. The
party who fails or delays must immediately commence to cure,
correct or remedy such failure or delay and shall complete such
cure, correction or remedy using its best efforts and all due
diligence, and during any period of curing shall not be in default.
The injured party shall give written notice of default to the
party in default, specifying the default complained of by the
injured party. Failure or delay in giving such notice shall not
constitute a waiver of any default, nor shall it change the time
of default. Except as otherwise expressly provided in this
Agreement, any failures or delays by either party in asserting any
of its rights and remedies as to any default shall not operate as
a waiver of any default or of any such rights or remedies. Delays
by either party in asserting any of its rights and remedies shall
not deprive either party of its right to institute and maintain any
actions or proceedings which it may deem necessary to protect,
assert or enforce any such rights or remedies.
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6.2 Leqal Actions
6.2.1
Institution of Leqal Actions
In addition to any other rights or remedies, either party may
institute legal action to cure, correct or remedy any default, to
recover damages for any default, or to obtain any other remedy
consistent with the purpose of this Agreement. Such legal actions
must be instituted in the Superior Court of the County of San
Diego, State of California, in any other appropriate court of that
county, or in the Federal District Court in the Southern District
of California.
6.2.2
Applicable Law
The Laws of the State of California shall govern the
interpretation and enforcement of this Agreement.
6.2.3
Acceptance of Service of Process
In the event that any legal action is commenced by the
Developer against the Agency, service of process on the Agency
shall be made by personal service upon the Executive Director or
Chairman of the Agency, or in such other manner as may be provided
by law.
In the event that any legal action is commenced by the Agency
against the Developer, service of process on the Developer shall
be made by personal service upon the Developer (or upon a general
partner or officer of the Developer if an entity) and shall be
valid whether made within or without the State of California, or
in such manner as may be provided by law.
6.3 Riqhts and Remedies Are Cumulative
Except with respect to rights and remedies expressly declared
to be exclusive in this Agreement, the rights and remedies of the
parties are cumulative, and the exercise by either party of one or
more of such rights or remedies shall not preclude the exercise by
it, at the same or different times, of any other rights or remedies
for the same default or any other default by the other party.
6.4 Damaqes
If either party defaults with regard to any of the provisions
of this Agreement, the non-defaulting party shall serve written
notice of such default upon the defaulting party. If the default
is not commenced to be cured within thirty (30) days after service
of the notice of default and is not cured promptly in a continuous
and diligent manner within a reasonable period of time after
commencement, the defaulting party shall be liable to the non-
defaulting party for any damages caused by such default, and the
non-defaulting party may thereafter (but not before) commence an
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action for damages against the defaulting party with respect to
such default.
6.5 Specific Performance
If either party defaults with regard to any of the provisions
of this Agreement, the non-defaulting party shall serve written
notice of such default upon the defaulting party. If the default
is not commenced to be cured within thirty (30) days after service
of the notice of default and is not cured promptly in a continuous
and diligent manner within a reasonable period of time after
commencement the non-defaulting party, at its option, may
thereafter (but not before) commence an action for specific
performance of the terms of this Agreement pertaining to such
default.
6.6 Remedies and Riahts of Termination
6.6.1
Termination bv the Developer
In the event that prior to the conveyance of title to the
applicable Parcel to the Developer:
(a) the Agency, despite being in a position to do
so, does not tender either conveyance of title
to the applicable Parcel or possession thereof,
to the Developer in the manner and condition,
and by the date provided in this Agreement; or
(b)
the parties are unable to
allocation of responsibility
Remediation Work; or
agree to the
for Addi tional
(c) the Agency is unable, despite diligent and good
faith efforts, to timely convey title to the
applicable Parcel under circumstances which
will freely permit the Parcel to be cleared and
developed in accordance wi th the terms and
conditions of this Agreement; or
(d) the Developer is unable, despite diligent and
good faith efforts, to obtain financing for
the acquisition and development of the
applicable Parcel and submit evidence thereof
to the Agency as referred to in Section 2.15;
and
(e) if any default or failure referred to in
subdivision (a) or (b) of this Section shall
not be cured within thirty (30) days after the
date of written demand by the Developer;
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then this Agreement, at the option of the Developer, shall be
terminated with respect to any unconveyed Parcels, by written
notice thereof to the Agency, and except to the extent provided in
Section 3.2(d) of this Agreement, neither the Agency nor the
Developer shall have any further rights against or liability to the
other under this Agreement with respect to any unconveyed Parcels,
or with respect to the entire Site if no Parcel has been conveyed.
6.6.2
Termination bv Aqencv
In the event that prior to the conveyance of title to the
applicable Parcel to the Developer:
(a) the Developer shall fail to timely make any
report to the Agency on its progress in
obtaining financing for the development on a
Parcel as required by Section 2.15 of this
Agreement, or to submit to the Agency the
evidence of financing commitments referred to
in Section 2.15 of this Agreement; or
(b) the Developer (or any successor in interest)
assigns or attempts to assign the Agreement or
any right herein, or in the Site or any Parcel
(or portion thereof); or
(c) the Developer does not submit any plans,
drawings and related documents as required by
this Agreement by the date provided in this
Agreement therefor; or
(d) the Developer does not pay the Purchase Price
and take title to the applicable Parcel under
a tender of conveyance by the Agency pursuant
to this Agreement; or
(e) the Agency is unable, despite diligent and good
faith efforts, to timely convey title to the
applicable Parcel under circumstances which
will freely permi t the Parcel to be cleared and
developed in accordance wi th the terms and
conditions of this Agreement; and
(f) if any default or failure referred to in
subdivisions (a), (b), (c), (d) or (e) of this
Section shall not be cured within thirty (30)
days after the date of written demand by the
Agency;
then this Agreement and any rights of the Developer, or any
assignee or transferee, in this Agreement, or arising therefrom
with respect to the Agency, shall at the option of the Agency, be
terminated with respect to any unconveyed Parcels, by written
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notice to the Developer, and except to the extent provided in
Section 3.2(d), neither the Agency nor the Developer, shall have any
further rights against or liability to the other under this
Agreement with respect to any unconveyed Parcels, or with respect
to the entire Site if no Parcel has been conveyed.
6.7 Riqht of Reentrv
The Agency shall have the right, at its option, to reenter and
take possession of any Parcel (or portion thereof) with all
improvements thereon, and to terminate and revest in the Agency the
estate theretofore conveyed to the Developer, if after conveyance
of title to such Parcel and prior to the recordation of the
Certificate of Completion pertaining to such Parcel (or portion
thereof), the Developer (or its successors in interest) shall:
(b)
(c)
Such right to
be subject to and
invalid or limit:
(a)
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(a)
fail to cOmmence or complete construction of
the improvements on such Parcel (or portion
thereof) as required by this Agreement for a
period of three (3) months after written notice
to proceed from the Agency, provided that the
Developer shall not have obtained an extension
or postponement to which the Developer may be
entitled pursuant to Section 7.4 hereof; or
abandon or substantially suspend construction
of the improvements on such Parcel (or portion
thereof) for a period of three (3) months after
written notice of such abandonment or
suspension has been given by the Agency to the
Developer, provided the Developer has not
obtained an extension or postponement to which
the Developer may be entitled to pursuant to
Section 7.4 hereof; or
assign or attempt to assign this Agreement, or
any rights herein, or transfer, or suffer any
involuntary transfer of such Parcel, or any
part thereof, in violation of this Agreement,
and such violation shall not be cured within
thirty (30) days after the date of receipt of
written notice thereof by the Agency to the
Developer.
reenter, repossess, terminate and revest shall
be limited by and shall not defeat, render
any mortgage, deed of trust or other security
interests permitted by this Agreement with
respect to the applicable Parcel;
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(b) any rights or interests provided in this
Agreement for the protection of the holders of
such mortgages, deeds of trust or other
security interests.
The rights established in this Section 6.7 shall not apply to
any Parcel (or portion thereof) on which the improvements to be
constructed thereon have been completed in accordance with the
Agreement and for which a Certificate of Completion has been
recorded therefor as provided in Section 4.7.
The Grant Deed to each Parcel shall contain appropriate
reference and provision to give effect to the Agency's right, as
set forth in this Section 6.7 under specified circumstances prior
to the recordation of the Certificate of Completion, ,to reenter
and take possession of the Parcel, or any part thereof, with all
improvements thereon, and to terminate and revest in the Agency the
estate conveyed to the Developer.
Upon the revesting in the Agency of title to the applicable
Parcel, or any part thereof, as provided in this Section 6.7 the
Agency shall, pursuant to its responsibilities under state law, use
its best efforts to resell the Parcel, or any part thereof, as soon
and in such manner as the Agency shall find feasible and consistent
with the objectives of the Community Redevelopment Law and the
Redevelopment Plan to a qualified and responsible party or parties
(as determined by the Agency), who will assume the obligation of
making or completing the improvements, or such other improvements
in their stead, as shall be satisfactory to the Agency and in
accordance with the uses speCified for the Parcel, or any part
thereof, in the Redevelopment Plan. Upon such resale of the
Parcel, or any part thereof, the proceeds thereof shall be applied:
(a) first, to payoff all liens and encumbrances
and offsets for any Developer defaults; and
(b) second, to reimburse the Agency on its own
behalf or on behalf of the City of all costs
and expenses incurred by the Agency, including
but not limited to salaries to personnel
engaged in such action, in connection with the
recapture, management and resale of the
Parcel, or any part thereof (but less any
income derived by the Agency from the sale of
the Parcel, or any part thereof, in connection
with such management); all taxes, assessments
and water and sewer charges with respect to the
Parcel or any part thereof (or, in the event
the Parcel, or any part thereof, is exempt from
taxation or assessment or such charges during
the period of ownership, then such taxes,
assessments or charges, as would have been
payable if the Parcel, or part thereof, were
p:\9\9484\46565\Trans\OispA9r2.060
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not so exempt); any payments made or necessary
to be made to discharge or prevent from
attaching or being made any subsequent
encumbrances or liens due to obligations,
defaults or acts of the Developer, its
successors or transferees; any expendi tures
made or obligations incurred with respect to
the making or completion of the agreed
improvements or any part thereof on the Parcel,
or any part thereof; and any amounts otherwise
owing to the Agency by the Developer and its
successor or transferee.
Any balance remaining after such reimbursements shall be
retained by the Agency as its property.
To the extent that the right established in this Section 6.7
involves a forfeiture, it must be strictly interpreted against the
Agency, the party for whose benefit it is created. The rights
established in this Section 6.7 are to be interpreted in light of
the fact that the Agency will convey each Parcel to the Developer
for development and not for speculation in undeveloped land.
7. GENERAL PROVISIONS
7.1 Notices. Demands and Communications between the Parties
Formal notices, demands and communications between the Agency
and the Developer shall be sufficiently given if dispatched by
registered or certified mail, postage prepaid, return receipt
requested, to the principal offices of the Agency and the
Developer, as designated in Section 1.5 hereof. Such written
notices, demands and communications may be sent in the same manner
to such other addresses as ei ther party may from time to time
designate by mail as provided in this Section 7.1.
7.2 Conflicts of Interest
No member, official or employee of the Agency shall have any
personal interest, direct or indirect, in this Agreement nor shall
any such member, official or employee participate in any decision
relating to the Agreement which affects his personal interests or
the interests of any corporation, partnership or association in
which he is, directly or indirectly, interested.
The Developer warrants that it has not paid or given, and will
not payor give, any third party any money or other consideration
for obtaining this Agreement. This paragraph shall not be
construed to apply to the payment of attorneys' fees and other
consultant costs.
7.3 Nonliability of the Aqency Officials and Employees
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No member, official, employee or consultant of the Agency
shall be personally liable to the Developer, or any successor in
interest, in the event of any defau1t or breach by the Agency or
for any amount which may become due to the Developer or to its
successor, or on any obligations under the terms of this Agreement.
7.4 Time is of the Essence: Enforced Delav:
Time of Performance
Extension of
Time is of the essence with respect to each and every
obligation hereunder. Notwithstanding the foregoing, in addition
to specific provisions of this Agreement, performance by either
party hereunder shall not be deemed to be in default where delays
or defaults are due to war, insurrection, strikes, lock-outs,
riots, floods, earthquakes, fires, casualties, Acts of God, acts
of the public enemy, epidemics, quarantine restrictions, freight
embargoes, adverse economic or market conditions, lack of
transportation, governmental restrictions, litigation, unusually
severe weather, inability to secure necessary labor, materials or
tools, delays of any contractor, subcontractor or supplies, acts
of the other party, acts or failure to act of the City or any other
public or governmental agency or entity (other than that act or
failure to act of the Agency). An extension of time for any such
cause shall be for .the period of the enforced delay and shall
commence to run from the time of the commencement of the cause, if
notice by the party claiming such extension is sent to the other
party within thirty (30) days of knowledge of the commencement of
the cause. Times of performance under this Agreement may also be
extended in writing by mutual agreement of the Agency and the
Developer.
7.5 Inspection of Books and Records
The Agency shall have the right after reasonable notice and
at all reasonable times during normal business hours to inspect the
books and records of the Developer pertaining to the Site and each
Parcel as pertinent to the purposes of this Agreement. The
Developer shall also have the right after reasonable notice and at
all reasonable times during normal business hours to inspect the
books and records of the Agency pertaining to the Site and each
Parcel as pertinent to the purposes of this Agreement.
7.6 Approvals
Approvals required of the Agency or the Developer shall not
be unreasonably withheld except as otherwise provided herein, or
otherwise required by law.
7.7 Real Estate Commissions
The Agency shall not be liable for any real estate
commissions, brokerage fees or finders fees which may arise from
the sale of the Site or any Parcel to the Developer. The Agency
p:\9\9484\46565\Trans\DispAgr2.060
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. ,
and the Developer each represent to the other that it has employed
no broker, agent, or finder in connection with this transaction.
7.8 No Third Partv Beneficiarv
The terms and provisions herein contained shall be only for
the benefit of the parties hereto and such terms and conditions
shall not enure to the benefit of any other party whosoever, it
being the intention of the parties hereto that no one shall be
deemed to be a third party beneficiary of this Agreement.
7.9 Developer's Representation
Developer represents and warrants that Josef Citron and Lenore
Citron are the sole shareholders of Citron Realty Management
Corporation, a California corporation, and that Citron Realty
Management Corporation and Josef and Lenore Citron personally,
collectively own a majority interest of Broadway Village Business
Homes, L.P., a California limited partnership.
7.10 Covenants to Run with Land
All covenants contained in this Agreement pertaining to the
use of the Site or any Parcel thereof shall run with the land and
shall be binding for the benefit and in favor of the Agency, the
City of Chula Vista, and their respective successors and assigns.
The City and the Agency, in the event of any breach of any such
covenants, shall have the right to exercise any and all remedies
provided hereunder or otherwise available at law or in equity, in
order to enforce compliance with such covenants.
7.11 Recordation
Agency reserves the right, at its election, to cause the
recordation of this Agreement or a Memorandum thereof which
Developer agrees to execute and acknowledge. The recordation of
a Certificate of Completion shall operate to remove the effect of
this Agreement or any Memorandum thereof upon the real property
described in that Certificate of Completion.
7.12 Compliance with Laws; Disclosure
Developer shall comply with all laws relating to the marketing
and sale of the Business Home units, including, as applicable,
disclosure of the existence of the assessment district and any land
use restrictions.
7.13 Leqal Challenqe
In the event that any court action or other legal proceeding
is brought by any person not a party to this Agreement to challenge
this Agreement, the granting of any Entitlements or the fulfillment
of any condition to the obligations of the parties hereto, and
p:\9\9484\46565\Trans\DiSpAgr2.D6D
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without regard to whether or not the Developer or the Agency is a
party to said action or proceeding, the Developer shall have the
right to terminate this Agreement upon thirty (30) days notice in
writing to Agency given at any time during the pendency of such
action or proceeding prior to the conveyance of the Site or any
Parcel thereof to Developer.
If this Agreement is not terminated, Developer shall
indemnify the Agency and the City for all expenses including
attorneys' fees, to defend the City or the Agency from any claim,
action or proceeding against the City, the Agency or their agents
officers, or employees to attack, set aside, void or annul the
approval of this Agreement or the approval of any Entitlements or
condition to the obligations of the parties hereto. The City and
the Agency shall promptly notify Developer of any such claim,
action or proceeding. For purposes of this Section, the Developer
acknowledges that the term "attorney's fees" includes the
reasonable costs incurred by the City or Agency in the defense of
any claim, action or proceeding by the City Attorney or his staff.
In the event of a successful challenge of the legality
of this Agreement or any implementing documents, this Agreement and
all implementing document shall terminated and no party shall have
any further obligation thereunder.
8. ENTIRE AGREEMENT, WAIVERS AND AMENDMENTS
This Agreement shall be executed in
originals each of which is deemed to be
Agreement includes pages and
constitute the entire understanding and
duplicate
an original. This
attachments which
agreement of the parties.
This Agreement integrates all of the terms and conditions
mentioned herein or incidental hereto, and supersedes all
negotiations or previous agreements between the parties with
respect to all or any part of the Site.
None of the terms, covenants, agreements or conditions set
forth in this Agreement shall be deemed to be merged with the Grant
Deed conveying title to any Parcel and this Agreement shall
continue in full force and effect with respect to each Parcel
before and after conveyance until after a Certificate of Completion
for the applicable Parcel as provided in Section 4.8 is recorded.
All waivers of the provisions of this Agreement must be in
writing and signed by the appropriate authorities of the Agency or
the Developer, and all amendments hereto must be in writing and
signed by the appropriate authorities of the Agency and the
Developer.
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9. TIME FOR ACCEPTANCE OF AGREEMENT BY THE AGENCY; DATE OF
AGREEMENT
This Agreement, when executed by the Developer and delivered
to the Agency, must be authorized, executed and delivered by the
Agency within sixty (60) days after this Agreement is signed by the
Developer, or this Agreement may be terminated by the Developer on
wri tten notice to the Agency. The effective date of this Agreement
shall be the date it is signed by the Agency.
BROADWAY VILLAGE BUSINESS HOMES,
L.P., a California limited
partnership
By: Citron Realty Management
Corporation,
a California corporation
Dated: By:
Its:
Dated:
By:
Its:
REDEVELOPMENT AGENCY OF THE CITY OF
CHULA VISTA
(Agency)
Dated:
By:
Its:
APPROVED AS TO FORM AND LEGALITY
ON THIS DAY OF
199
By:
Agency General Counsel
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1.
TABLE OF CONTENTS
~
SUBJECT OF AGREEMENT . . . . . . . .
1.1 Purpose of the Agreement.
1.2 The Redeve10pment P1an . .
1.3 The Redeve10pment Project Area
1.4 The Site. .....
1.5 Parties to the Agreement. . .
2
2
2
2
3
3
2. ACQUISITION AND DISPOSITION OF THE SITE 3
2.1 Sale and Purchase . . . 3
2.2 Adjustment of Purchase Price . 4
2.3 Phasing of the Acquisition . . . . 5
2.4 Conditions to Developer's Right to Acquire Site.
. . . . .
2.5
2.6
2.7
2.8
2.9
2.10
2.11
2.12
2.13
2.14
2.15
3.
. . . . . . . . . . . . . . . .. .... 6
Escrow . . . . . . . . . . . " .... 8
Conveyance of Tit1e and Delivery of Possession 10
Form of Deed . .. ......... 11
Condition of Title. . . . . . . . . . . . .. 11
Time for and P1ace for De1ivery of Deed . .. 11
Payment of the Purchase Price and Recordation of
the Deed. . . . . . . 11
Tit1e Insurance . . . 11
Taxes and Assessments 12
Condition of the Site 12
Pre1iminary Work by the Deve10per 13
Submission of Evidence of Financing 13
PREACQUISITION OBLIGATIONS.
3.1 Demolition of Existing
3.2 Site Remediation Work
4.
. . . . .
14
14
14
Buildings
DEVELOPMENT OF THE SITE
4.1 Deve10pment of
4.1 .1
4.1.2
Construction
16
16
16
4.1.3
4.1.4
the Site
Scope of Deve10pment
Basic Concept and Schematic
Drawings . . . . . . . . . 16
Landscaping and Grading P1ans 16
Construction Drawings and Related
Documents for the Site ... 17
Agency Approva1 of P1ans, Drawings
and Re1ated Documents 17
Cost of Construction 18
Construction Progress Reports. 18
Indemnification During
Construction; Bodi1yInjury and
Property Damage Insurance
Antidiscrimination during
4.1.5
4.1. 6
4.1.7
4.1.8
4.1. 9
18
. . . . . .
19
19
. . . . . . . . . . . . .
4.1.10
Local, State and Federal Laws
p:\9\9484\4656S\Trans\DispA9r2.D60
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6.
7.
4.1.11 City and Other Governmental Agency
Permi ts . . . . . . . . . . . . . . 1 9
4.1.12 License/Easement..... 19
4 . 2 Fees. . " .............. 20
4.3 Taxes; Assessments; Encumbrances; and Liens 20
4.4 Prohibition against Transfer. . . . . . " 20
4.5 Security Financing; Right of Holders . . " 21
4.5.1 No Encumbrances except Mortgages,
Deeds of Trust, Conveyances and
Leases-Back or Other Conveyance for
Financing for Development . . . 21
4.5.2 Holder Note Obligated to Construct
Improvements . . . . . .. 21
4.5.3 Notice of Default to Mortgage, Deed
of Trust or Other Security Interest
Holders; Right to Cure . " 22
4.5.4 Failure of Holder to Complete
Improvements . . . . . 22
4.5.5 Right of the Agency to Cure
Mortgage, Deed of Trust, or Other
Security Interest Default . 23
4.6 Right of the Agency to Satisfy Other Liens on the
Property After Title Passes 24
4.7 Certificate of Completion 24
5.
USE OF THE SITE . . . . . . . . . .
5 . 1 Uses. . . . . . . . . . .
5.2 Maintenance and Control of Common Areas
5.3 Obligation to Refrain from Discrimination
5.4 Form of Nondiscrimination and Nonsegregation
Clauses . . . . . . . . . . . .
5.5 Land Use Controls . . . . .
5.6 Effect and Duration of Covenants
5.7 Covenants, Conditions and Restrictions
25
25
25
25
26
27
28
28
DEFAULTS,
6.1
6.2
REMEDIES AND TERMINATION 28
Defaults - General . . . 28
Legal Actions . . . . . 29
6.2.1 Institution of Legal Actions 29
6.2.2 Applicable Law . . . . . .. 29
6.2.3 Acceptance of Service of Process 29
Rights and Remedies Are Cumulative 29
Damages ............ 29
Specific Performance . . . . . . . 30
Remedies and Rights of Termination 30
6.6.1 Termination by the Developer 30
6.6.2 Termination by Agency 31
Right of Reentry 32
6.3
6.4
6.5
6.6
6.7
GENERAL PROVISIONS . . . .
7.1 Notices, Demands and Communications between the
Parties
7.2 Conflicts of Interest
34
34
34
. . . . .
. . . . .
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7.3
7.4
7.5
7.6
7.7
7.8
7.9
7.10
8.
Nonliability of ~he Agency Officials and
Employees . . . . . . . . . . . . . . .
Time is of the Essence; Enforced Delay:
of Time of Performance . . . . .
Inspection of Books and Records
Approvals . . . . . . . .
Real Estate Commissions
No Third Party Beneficiary
Developer's Representation
Covenants to Run with Land
. . . 34
Extension
35
35
35
35
36
36
36
ENTIRE AGREEMENT, WAIVERS AND AMENDMENTS
9.
37
TIME FOR ACCEPTANCE OF AGREEMENT BY THE AGENCY; DATE OF
AGREEMENT .....................
38
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DISPOSITION AND DEVELOPMENT AGREEMENT
by and between
REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA
AGENCY,
and
BROADWAY VILLAGE BUSINESS HOMES, L.P.,
DEVELOPER
July _, 1995
DISPOSITION AND DEVELOPMENT AGREEMENT
THIS AGREEMENT is entered into effective as of ,
1995, by and between the REDEVELOPMENT AGENCY OF THE CITY OF CHULA
VISTA (the "Aqency") and BROADWAY VILLAGE BUSINESS HOMES, L.P., a
California limited partnership (the " Developer"). The Agency and
the Developer agree as follows:
RECITALS
A. The City Council of the City of Chula Vista ("Ci tv" ) has
established the Agency and has approved and adopted a redevelopment
plan for a redevelopment project known as the Southwest
Redevelopment Project by its adoption of Ordinance No. 2720 on
November 27, 1990, pursuant to the provisions of Sections 33000 et
seq. of the California Health and Safety Code ("California
Communi tv Redevelopment Law"),
B. The Agency is undertaking a program, in the interest of
health, safety and general welfare of the people of the City
pursuant to its authority under the California Community
Redevelopment Law, for the redevelopment, replanning and redesign
of blighted areas within the Southwest Redevelopment Project area
which are characterized by stagnant, improperly utilized and
unproductive land which requires redevelopment.
C. The Agency is desirous of carrying out the redevelopment plan
for the Southwest Redevelopment Project area by providing for the
development of certain real property within the project area more
particularly described in Section 1.4 of this Agreement ("Site").
The Site is comprised of approximately 2.5 gross acres of land
located within the Southwest Redevelopment Project area and within
the City. The Site is currently owned by the Agency.
D. In furtherance of the Agency I s program to provide for the
development of the Site, the Agency entered into a Exclusive
Negotiation Agreement dated July 19, 1994 pertaining to the Site
by and between the Agency and Developer.
E. The Agency has determined that the provisions of this
Agreement will make feasible the redevelopment of the Site by the
Developer in accordance with the purposes set forth in the
Exclusive Negotiation Agreement and that such development will
stimulate development of the remainder of the Southwest
Redevelopment Project area and is in the best interests of the
taxpayers and residents of the City and will otherwise promote the
public health, safety and general welfare of City residents and is
in accordance with federal, state and local laws and regulations.
p:\9\9484\4656S\Trans\DispAgrS.S-4
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F. This Agreement is being processed concurrently with a Rezone,
Special Use Permit, Precise Plan and Mitigated Negative Declaration
to develop the project proposed by Developer.
G. The Agency/City finds that the implementation of this
Agreement will assist in the elimination of blight, is consistent
with the implementation of the redevelopment plan, and the
consideration is not less than the fair reuse value at the use and
with the covenants and conditions and development costs authorized
by the sale described in this Agreement.
1 . SUBJECT OF AGREEMENT
1.1 Purpose of the Aqreement
The purpose of this Agreement is to assist effectuation the
Redevelopment Plan for the Southwest Redevelopment Project area in
the City of Chula Vista by providing for the disposition and
development of the hereinafter defined Site. The development of
the Site pursuant to this Agreement, and the fulfillment generally
of this Agreement, are in the vital and best interests of the City
of Chula Vista and the health, safety, morals, and welfare of its
residents, and in accord with the public purposes and provisions
of applicable federal, state, and local laws and requirements.
1.2 The Redevelopment Plan
This Agreement is subject to the provisions of the
Redevelopment Plan for the Southwest Redevelopment Project area
(which was approved and adopted on November 27, 1990 by the City
Council of the City of Chula Vista by Ordinance No. 2720 (the"
Redevelopment Plan"). The Redevelopment Plan is incorporated
herein by reference and made a part hereof as though fully set
forth herein.
Any amendments hereafter to the Redevelopment Plan (as so
approved and adopted) which change the uses or development
permitted on the Site as proposed in this Agreement, or otherwise
change the restrictions or controls that apply to the Site, and
which materially and adversely affect Developer's ability to
develop the Site as contemplated by this Agreement, shall require
the written consent of the Developer. Amendments to the
Redevelopment Plan which do not materially or adversely affect
Developer's ability to develop the Site as contemplated by this
Agreement and/or which apply to other property in the Southwest
Redevelopment Project area shall not require the consent of the
Developer.
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1.3 The Redevelopment Proiect Area
The Southwest Redevelopment Project area is located in the
City of Chula Vista, California (the "City"). The exact boundaries
of the Redevelopment Project area are specifically and legally
described in the Redevelopment Plan for such Redevelopment Project.
1.4 The Site
The "Site" includes that portion of the Southwest
Redevelopment Project area located at 760 Broadway, illustrated
and designated on the "Site Map" which is incorporated herein and
attached to this Agreement as Attachment No. 1 and as more
precisely described in the "Legal Description" which is
incorporated herein and attached hereto as Attachment No. 1.A.
1.5 Parties to the Aqreement
(a) The Aqency. The "Aqency" is a public body,
corporate and politic, exercising governmental functions and
powers, and organized and existing under Chapter 2 of the Community
Redevelopment Law of the State of California. The principal office
of the Agency is located at 276 Fourth Avenue, Chula Vista,
California 91910.
'IAaency'l
Redevelopment Agency of
any assignee of or
responsibilities.
as used
the City
successor
in this Agreement includes
of Chula Vista, California,
to its rights, powers
the
and
and
(b) Developer. The "Developer" is Broadway Village
Business Homes, L.P., a California limited partnership, whose
general partner is Citron Realty Management Corporation, a
California Corporation.
Wherever the term "Developer" is used herein, such term shall
include any permitted nominee, assignee or successor in interest
as herein provided.
2. ACQUISITION AND DISPOSITION OF THE SITE
2.1 Sale and Purchase
In accordance with and subject to all the terms, covenants,
and conditions of this Agreement (including without limitation the
Developer's right to terminate this Agreement pursuant to Section
6.6.1 of this Agreement), the Agency agrees to sell to the
Developer and the Developer agrees to purchase each Parcel as shown
on the Site Map (Attachment No.1) and more precisely described in
the Legal Description (Attachment No. 1A).
p:\9\9484\46565\Trans\D1spAgr5.5-4
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The Developer shall pay to the Agency as the purchase price
for the Site Five Hundred Fifty Thousand Dollars ($550,000.00).
Pursuant to California Health and Safety Code Section 33433, the
Agency has determined that, given the nature of the proposed
development of the Site and the terms and conditions imposed by
this Agreement, the purchase price is equal to or greater than the
"reuse value" of the Site. If t.he Cite is aequirea i8. fJRasc3 a3
provides in Ccction 2.3 sf tais A~rCCfficnt, tae Parcaasc Price for
-
Cite is eempriaea af 108,900 S~tlare feet, the ptlrsaase price fer
Sl:leR l'areel u6ulEi be. ninety Tue 'l'R6u3aa6 Fi...e Ih:lRsrea. :niact:r Fi"c
Dollars aRa !JiRet.} Fi",,-e CeRES ($92,595.95), caleulatea. as fellow3:
18,331 (the square feotage af the Parcel) ai~iacd BY 108,900 (the
sEJl:lare feetage af the Cite) Multiplied 19} $559, eee (the total
p~rehase priee fer the Sit~) ~~uals $92,595.95. The purchase price
for the ~ $$~g shall be payable in accordance with the following
"~""""';""""'<'}"
procedure: ............ ,
(i) iI~ Taat portieR af the pureaase payable fer Phase
1 shall ee paid ift sasR er ether immediately a~ailal91e fURaS
upon the elase af eaerew for Phase 1.
(ii) That partiaa af the purchase price for Phases ~ X and ~ ~
shall g~@A be paid in cash or other immediately avaitable funds
upon tne~close of escrow for such Phase(s); pra.iaea, hewever, that
if at the time all ef the seRditieRs ta the slese af eScre\1 fer
eash Stu:ft rhasc ha-.;e Beea aatisfiee aad(er) llai-9-e.a., De-9-elepe.r has
preselEi 60' er mazoc af the B1:1siae.3s Hames Haits ~..ithiR the. prier
Phase. as e-9 ide.flce:a e:r "Qualified Cales Cafltracts" (as ae.fiae.a.
selau), the purchase priee fer that Phase. shall Be. ~ayaBle 59' 1ft
cash SE" ether immediately a~ailaBle fURaS upea the. clase. af e.ser6\1
aae the Balance payaBle ift aeceraance \Ii tft the I3ra .-1.3i6RS aae
ceaa! tieRS af a premissazoy aete e "Nate. e s)") t6 se se:cHre.a B:f a aeea
ef trtlst ("Deedes) af Trust") eael:lff\eezoialj that pertiaa af tRe Cite
which saasti 1:1:1t(;S the: 3usjeet Phase. Ift araer t6 seasti tHte a
"Q\:1alifie:a Cales Ceatraet," the susjeet pureRase aae sale. c6atraet
lI\\:1st meet the. falla\lia~ criteria:::U%H:~
~:.,,:':.,.:~.,:.:
It must se encs1:1tca BY De~-eleJ?le.r aRa a seBa fiae tairs
l'art:r purehase.r, aHa descries; a rhisiHess Hames 1:1ft1 t;
'Pae s1:1sjeet ]?HreaaSer 8\1:109t aa-.-e ~aid a reaseaaele ael'ssit to
p1:lrcaase. the :D1:lsiaess Hames tll'iit;
'l'he. suejeet purehaaer m1:1st have; pas3ee its apJ?llieaele. leader I a
ere.di t req1:1izoeme.ata; ha\le. .;er, the. ]?1:lzochascr' s 6191i~atiefls ma} ae
ceaaitieRea u~ea staHaara elssiag eel'iditieas, iae11:ldia~, the.
1:11timate f~Raiftg sf its fiaaacing.
p:\9\9484\46565\Trans\DispAgr5.5-4
-4-
Ia thc e;eat that the p~csal6 threahela Bct ferth asa;e has aceR
r~aches \lith rea~eet to the ~urcRaae of Phase 2 aas(or) Phase 3,
t:he Dc... elopcr will enecate. aRt! ecli Jer t6 the ..~.~eRe)~ 'Prier te the
-
p1~'ii'iii';'''''a''''sip'ji'i'at"iE'''}ioR'''']jitc'i'C3t"'''ae'a'iIR~ Pr6mis.3oz") !Tete afui Dees. of
~rtlst e.ftcumeeria~ tRe aaejeet Phase, with a mattlrity date which is
t.lIeatl fetlr (2 i) ffteaths fello.;ia~ the:. eleac af eac::ra\... far the
B1:1sjeet rhase.. 8uch !late (a) afla Deed (a) af 'l'rl::lst shall ae. ia a :farm
~e Be a~reed tl~eR B) the ~artica prier te the eleee af e.sere\J fer
sueR Phase, shall Be. e~aaa aefaalted to thia h~reeme.Rt, aae shall
speeifically ~r6viae. for partial releases aRa rec6flveyaflse.a af the
liea af Eae Deed(a) of Trust upaR the sale. af Dusiaess Hames Haits
withia sucR rhase, Based Hpoa paymcRt B} the De...clepe.r af 110~ af
the per BU3iacss Hame.s Hai t share. of the remainift~ ealanee aue
'tIRdcE the subject nate ("Release. price"); ift taia regard, Dc-...-elaper
3hall Be ebli~ate.a to par the Release rrice ia aracr to cffectuate
a BU3i:acas Homes 1:1Rit'3 relcase aaa rccaR7cyaacc fram the ^~(;'flcy'a
Deea af ~ru3t. In aaditioa, tae ~~ency shall sueerdiRate the liea
af aft) Deed(s) af Trust acli~cred hereunaer to the lieft af aay
eeastructiea fiRaflcifl~ ~ro7ided to Devela~cr ana a~prav(;.d BY the
2.2 Adiustment of Purchase Price
Agency desires to be reimbursed by Developer for Agency's
actual costs of demolition and pre-demolition hazardous materials
testing for the Site, not to exceed One Hundred Twenty-Four
Thousand Dollars ($124,000.00) ["Reimbursement Amount"]. Developer
is willing to agree to a plan of reimbursement of up to, but not
to exceed, the Reimbursement Amount, provided Developer achieves
the level of profitability described in this paragraph. Both
Agency and Developer acknowledge and agree that depending upon the
circumstances, which neither party can control or guarantee, there
can be no assurance that all or a portion of the Reimbursement
Amount will be payable to Agency. Incomplete payment of the
Reimbursement Amount, and with the understanding that the
Reimbursement Amount shall not be payable from any other sources
whatsoever, Developer shall pay Agency thirty percent (30%) of the
difference between the" Adjusted Cost" and the "Net Sales Proceeds"
of Phase 1 T j!:(i!iil; Phase 2 aRe. PRase 3, as calculated at the
completion of saTEis in Phase ~ g. "Adiusted Cost" shall mean any
and all reasonable or necessary out-of-pocket costs incurred
incident to the acquisition, development, marketing and sale of
p.\9\94B4\46565\Trans\OispAgr5.5-4
-5-
Business Homes upon the Site, including, without limitation, all
costs associated with:
(i)
efte Tbe acquisition of the Site;
.:.;.:.:.~:.:-:.~:;::
(ii) baflk ~~g interest and fees, carrying costs, costs
of raising all necessary funds, investors' twenty percent
(20%) per annum return on capital (including all limited and
general partners) aRe fiftcca perecat (15\) te the gcaeral
partacr af Dc?cleper, ex its priaeipals, 6ft the total eests
fer tRe prejeet (as aefiaea iR this paragraph 2.2, less th~
twcaty perecat (28\> per aaaum ret~rft sf eapital referred to
a19sJ'c) ;
(iii) laser; H!R9EW
(iv) materials; !~E~E*~*fi~
(v) ~ K$! on-site costs of labor, including office
staff, materiars~' including site office rental and supplies,
services including telephone and utilities, rentals including
machinery and equipment;
(vi) ~ ;%~ City pro~essing fees, charge~, deposits ~nd
all utility, school, park 1mpact fees, connect1on or capac1ty
fees;
per~~~~) (1 ~:) E)~~Il~~~:ti!'!~~Q~!lt ;fees ng~m!rt!9\Thig~;~~g
(viii) thirs TfiIra party consultants' fees, including
. . ::::::;::::::~~:::::::$::,::::::::
appra1sers, eng1neers, architects, system designers, testing
and inspections; and
ten
(ix) aHy ~M and all other miscellaneous costs including
sales, advertfslng and promotion costs, models, legal and
accounting costs.
"Net Sales Proceeds" shall mean the gross sales price of
Business Homes units sold in Phase 1 T ana Phase 2 afts PhaSE) 3,
,~,,"'.;...........,
less customary closing costs including saTes commissions not to
exceed six percent (6%) per unit.
All calculations shall be made in accordance with generally
accepted accounting principles.
p:\9\9484\46565\T~ans\DispAg~5.5-4
-6-
1111~lf!e~~':Y;2me~\iMn!,!j\lZM1:i~!iR~~~~;R~~RM,!:!\1B~S9$~~E;%H:;;R!'!W!$FgB%Eg,l;!&~
The amount of the Reimbursement Amount, or the fact that there
is not a Reimbursement Amount, shall be determined by a certified
accountant, reasonably approved by the Agency. Such determination
+t:fte,~:,"Proposed Reimbursement") shall be communicated to the Agency
in writing, with a full accounting of all project costs and
revenues, by no later than thirty (30) days after the close of
escrow from the last Business Homes unit in Phase ~ g. The Agency
will have thirty (30) days from the receipt of'" the Proposed
Reimbursement to notify Developer in writing of its reasonable
objection thereto, if any. If the Agency fails to notify Developer
within this 3-G--'tlfi$rhy:itt3111! day period of any such objections, the
Proposed Reimbursement#snall be deemed approved by the Agency and
shall become the "Reimbursement Amount." If the Agency does
properly notify Developer of its objection(s) to the Proposed
Reimbursement within this 3-G--'en~~h~mk~Qm day period, the parties
will meet and confer in good 'falfh'oancr"'attempt to mutually agree
upon a Reimbursement Amount. If the parties fail to agree upon a
Reimbursement Amount after another ~ haW~pyTI<<a'Qm days, the matter
will be submitted to a mutually agreed~upon=arortrator located in
San Diego County for binding arbitration pursuant to the rules of
the American Arbitration Association. Based on all evidence
presented, and in accordance with generally accepted accounting
principles, the arbitrator shall make a final determination as to
the Reimbursement Amount. The costs for arbi tration shall be borne
equally by the parties except that each party shall bear its own
consultant and legal costs. Arbitration shall be the sole remedy
for a dispute under this Agreement with respect to the
determination of the Reimbursement Amount.
2.3 Phasinq of the Acquisition
Developer shall have the right but not the obligation to
acquire the Site in Phases as set forth herein. Completion of the
acquisition of any Phase(s) shall not obligate the Developer to
acquire any subsequent phase (s) !;1bi!;l$'~;(;$i)j. Upon satisfaction of the
condi tions to close set forth oe!o'i:/;"'''Oeveloper may purchase the
Site in a maximum of th~ee (J) Ilhases ~ff9TI*gl~~I~~@~ as follows:
(a) The Phase , acquisition shall consist of that
portion of the Site celR)?:rise.d sf al?l?reJtimate:.ly 18,331. 3~\1.are. feet
il:ft&-generally shown as "Parcel ," on the "Convevance Map" attached
hereto as Attachment 2 and incorporated herein by this reference.
Parcel , shall be used for the construction of sin (6) maael
g;9np~@nM;f1~;1 Business Homes !il'P[;l;i!i and other required Phase ,
-:riipr.o',.eiiieri"c..s.......fe:E" ptll:peae:.s af te:.aE......ma'iltetiag aRe madifieatiea ef the
aesi!j'fl. sf the 6\::lilaifl.!j'B. The Phase , acquisition shall be
completed within fe\::l~ (1) ~$&mOC~X months after execution of this
Agreement. o,'..<,',',',ou,ou,'..,',..,
p: \9\9484\46565\Trans\OispAgr5. 5-4
-7-
(b) The Phase 2 acquisition shall consist of tHat
:~~;~e~n!t'R!F~~~!~~~c~f M~~e aSsi ~~p::::{a21\r 'l'~'~~'!il~',,~,n~!~,~,~
sf a~l?r6][ill\at:ely 1. 2E: aerea less pareel l~f:. Parcel 2 shall be used
~~~i::S c~on:etsr~~$~~~ a~~ ~;~;;e r~~~lrl'~~~\\~f2ijf~'!~!~!~'~;!;;{;1~W
the event Developer elects to acquire Parcel 2, the Phase 2
acquisi tion shall be completed wi thia tEla ( 1 9 ) 8l6aths ef the:
cncsutisR af taia lJ..~re.e.ft\e.at.
The. Phase 3 ae~~i9itioR shall caRsis\: af the. remaiaaer sf tRe Cite
eempriaca af apprsJtimately 1.27 acres aRa shewn eft the Csftveyaaee
nap as "Parsel )". Parsel 3 shall ee \71sea fer esnstr1:letisa af tRe
reftlaiaiftg eightecR (1 a) BU3iaess IIames ar:1l3. ether reqtlired Paase J
ilftpre.emcats. Is tRe eveRt ~e7elel?cr elests te aeq~ire rareel 3,
thEl PhasEl 3 acqtlisiti6a shall BEl c681!llEltEls within twenty (20)
months of the execution of this Agreement.
(c) Before the conveyance of title to each Parcel,
the Executive Director of Agency and Developer shall meet and
develop a schedule for construction for the improvements on such
Parcel; provided, however, that the required improvements for
Parcel ~ ~ shall be completed no later than twelve (12) months
after Developer's acquisition of Parcel ~ g. The Developer shall
begin and complete all construction and development within the
times specified in the schedule with such extensions of said dates
as may be granted by the Agency in its sole discretion. The
schedule is subject to Section 7.4 of this Agreement and is subject
to revision from time to time as mutually agreed upon in writing
between the Developer and the Executive Director of Agency, each
exercising their sole discretion.
2.4 Conditions to Developer's Riqht to Acquire Site.
Developer's right to acquire any portion of the Site shall be
subject to the satisfaction of the following conditions precedent
for the benefit of the Agency:
(a) Approved Financinq. Developer must present to
the Agency staff evidence of acceptable financing for construction
of improvements on the Phase to be acquired. Acceptable financing
entails: (1) a lender of excellent reputation which is reasonably
acceptable to the Agency; (ii) who validly commits in writing on
specified objective terms and conditions reasonably approved by
Agency to finance the construction of the Phase improvements
pursuant to a disbursement schedule which is reasonably acceptable
to the Agency; (iii) who agrees that loan proceeds will only be
used for costs associated with the Project pursuant to this
Agreement; (iv) whose documentation permits the acquisition,
without discount or recourse, of the loan by the Agency (or its
assignee) in the event this Agreement is terminated as a result of
a Developer default and the Agency takes back the property (as
described in Section 6.7 below); (v) who agrees to release any
p:\9\9484\4656S\Trans\DispAgrS.5-4
-8-
designated areas to the assessment district that will own and
maintain such areas without consideration upon the conveyance of
the first unit; and (vi) who agrees to enter into an agreement with
the Agency concerning the Agency's right to reenter the property
on the terms and conditions set forth in Section 6.7 of this
Agreement;
(b) Approved Marketina study. Developer shall
present to Agency staff in writing a marketing study prepared by
Developer demonstrating substantial demand for Business Homes units
in the ~Raac ~fig&~ to be acquired, including, without limitation,
a list, with 'name's and addresses, of interested or pre-committed
purchasers, which shall be subject to reasonable approval by Agency
staff;
(c) Payment of Purchase Price: Delivery of
Promissory Note and Deed of Trust; Payment of Closina Costs.
Developer shall pay the purchase price for such ~Raac (aRa acli.er
iREo eserow the eri~iRQ.l rremis30ry note: aRe Deed of Tru3t, if
applicable, with rcapcet te a peLtioR af the pHreRa3~ priee fer
Phase 2 aRe (or) PRase 3), and shall pay Developer I s share of
closing costs;-afld
(d)
PRase.
presale Requirement. Ag-cRey sRal1 aBiae BY
~~%[!I,i~lll!lfi~\'lII11111!llillll~~,lllr~[il("l~1~111I'lii,lllel#
!~gg~lilillilllillllllllllll,III;~IIIII~lllliIII1111Iii!~$~~BB~$~
-
~~.
p: \9\9484\46565\Trans\D1spAgr5. 5-4
-9-
(e) Reauired Entitlements. Developer shall receive
approval of all required governmental approvals governing
development and/or use of the Site ("Entitlements"), including
Entitlements which must be obtained from the City and other public
agencies. The parties hereto expressly acknowledge and agree that
the Agency cannot grant any such Entitlements or cause any other
governmental agency, including the City, to grant any such
Enti tlements . Accordingly, the parties hereto expressly agree
that, notwithstanding approval of this Agreement, the obligations
of each party hereto shall be contingent upon the receipt of all
Entitlements required for the development of the Site in the manner
set forth in this Agreement and the obligations of each party
hereto shall only arise upon the receipt of such Entitlements. The
Developer hereby releases the City and the Agency from any
liability based upon the Developer's failure to obtain any such
Entitlement and expressly agree that in no event shall any exercise
of the City's or Agency's discretion to approve, condi tion or
disapprove any Entitlement or other discretionary item which is a
condition to the obligations of the parties of this Agreement be
deemed to be a default or an act of bad faith by the City or the
Agency.
Developer and Agency se~f~ shall cooperate to initiate and
process the required Entitrements. The Entitlements include but
may not be limited to the following:
(1) Approval and recordation of a parcel map+M
-
(2) Formation and effectiveness of assessment
district.
In the event that all of the Entitlements are not approved
within four (4) months of the effective date of this Agreement, or
in the event that the City, the Agency, or any other entity shall
deny any of the requested discretionary approvals or disapprove any
required Entitlement or other agreement necessary for construction
or use of the Site, then upon thirty (30) days written notice from
either party to the other, this Agreement shall be of no force and
effect and neither of the parties shall have any further
obligations to any of the other parties pursuant to this Agreement.
The parties understand and acknowledge that the City and
Agency reserve the right to exercise their discretion as to all
matters which they are, by law, entitled or required to exercise
their discretion.
P'\9\9484\46565\Trans\DispAgr5.5-4
-10-
(f) CC&R' s. Agency approval of and recordation of
the CC&R'S as provided in Section 5.7 of this Agreement.
(g) No Material Default. Developer shall not be
in material default of this Agreement.
;;;.v.::::,::;:::::::::::;:::::::::::;::~:::[.,:::>:::::
2.5 Escrow
The Agency agrees to open an escrow for conveyance of each
Parcel of the Site with Chicago Title Insurance Company or such
other escrow agent as may be acceptable to both the Agency and the
Developer (the "Escrow Aqent") as escrow agent in a timely manner.
Sections 1.4-1.5 and 2.1-2.12 inclusive of this Agreement
constitute the joint escrow instructions of the Agency and the
Developer, and a duplicate original of this Agreement shall be
delivered to the Escrow Agent upon the opening of the escrow. The
Agency and the Developer shall provide such addi tional escrow
instructions consistent with this Agreement as shall be necessary.
The Escrow Agent hereby is empowered to act under such
instructions, and upon indicating its acceptance thereof in
writing, delivered to the Agency and to the Developer within five
(5) days after opening of the escrow, the Escrow Agent shall carry
out its duties as Escrow Agent hereunder.
Upon delivery of the Grant Deed for the applicable Parcel to
the Escrow Agent by the Agency pursuant to Section 2.9 of this
Agreement, the Escrow Agent shall record such Deed in accordance
with these escrow instructions, provided that the title to the
applicable Parcel can be vested in the Developer in accordance with
the terms and provisions of this Agreement. The Escrow Agent shall
buy, affix and cancel any transfer stamps required by law. Any
insurance policies governing the applicable Parcel are not to be
transferred.
The Developer shall pay in escrow to the Escrow Agent the
following fees, charges and costs not to exceed Three Thousand
Dollars ($3,000.00) promptly after the Escrow Agent has notified
the Developer of the amount of such fees, charges and costs, but
p:\9\9484\4656S\T,.ns\OispAg,S.S-4
-11-
not earlier than ten (10) days prior to the scheduled date for the
conveyance of the applicable Parcel:
1. The entire escrow fee;
2. The premium for the title insurance policy as set
forth in Section 2.11 of this Agreement;
3. Cost of drawing the Deed;
4. Recording fees;
5. Notary fees;
6. Any State, County or City documentary stamps or
transfer taxes;
7. Fifty percent (50%) of the collective amount of the
fees, charges and costs excluding Three Thousand
Dollars ($3,000.00).
To the extent that said fees, changes and costs exceed
$3,000.00, then Developer and Agency shall share such costs
equally. However, only that portion of the title insurance policy
premium with respect to C.L.T.A. standard title insurance shall be
included in the Three Thousand Dollars ($3,999)mry$aM~qmW~mI limit.
," ....;~::.w.................w}.w..,..w.w.........~.:.:w.~.
The Developer, if it desires any additional title insurance, shall
be solely responsible for all additional premiums, including for
A.L.T.A. coverage or special endorsements which it requests.
The Developer shall also deposit the Purchase Price (aRa the
eriginal Prefl\isserl !lete. aRa. De.ed ef Trust, if applicable, \lith.
respect te a p6E'tiea sf the pl;1re:h.ase price fer Phase 2 aRB (er)
Phase 3) for the applicable Parcel with the Escrow Agent in
accordance with the provisions of Section 2.10 of this Agreement.
The Agency shall pay in escrow to the Escrow Agent the
following fees, charges and costs promptly after the Escrow Agent
has notified the Agency of the amount of such fees, charges and
costs, but not earlier than ten (10) days prior to the scheduled
date for the conveyance of the applicable Parcel:
1. Costs necessary to place the title to the applicable
Parcel in the condition for conveyance required by
the provisions of this Agreement;
2. Ad valorem taxes, if any, upon the applicable Parcel
for any time prior to the conveyance of title.
The Agency shall timely and properly execute, acknowledge and
deliver a Grant Deed in substantially the form established in
Section 2.7 of this Agreement, conveying to the Developer title to
the applicable Parcel in accordance wi th the requirements of
p:\9\9484\46565\Trans\DispAgr5.5_4
-12-
Section 2.8 of this Agreement, together with an estoppel
certificate certifying that the Developer has completed all acts
(except deposit of the Purchase Price), necessary to entitle the
Developer to such conveyance, if such be the fact.
The Escrow Agent is authorized to:
1 . Pay, and charge the Agency and the Developer,
respectively, for any fees, charges and costs
payable under this Section 2.5 of this Agreement.
Before such payments are made, the Escrow Agent
shall notify the Agency and the Developer of the
fees, charges and costs necessary to clear title
and close the escrow.
2. Disburse funds and deliver the Deed (aRe the
Prcffiis3ery Nate aad Deed af Trust, if a~plicabl&,
fer Pha2e 2 aRs(er) Phase 3) and other documents to
the parties entitled thereto when the conditions of
this escrow have been fulfilled by the Agency and
the Developer. The Purchase Price (aRe the eri!JiRal
prelRissery :nate, if applieaale., fer a pertiea af the
~urchase ~rice fer Phase 2 aRe(ar) Phase 3) shall
not be delivered by the Escrow Agent unless and
until it has recorded the Deed to the applicable
Parcel and has, delivered to the Developer a title
insurance policy insuring title and conforming to
the requirements of Section 2.11 of this Agreement.
3. Record any instruments delivered through this escrow
if necessary or proper to vest title in the
Developer in accordance wi th the terms and
provisions of the escrow instructions portion of
this Agreement (Sections 1.4-1.5 and 2.1-2.12).
All funds received in this escrow shall be deposited by the
Escrow Agent in a general escrow account with any state or national
bank doing business in the State of California and reasonably
approved by the Developer and the Agency, and may be combined in
such with other escrow funds of the Escrow Agent.
If this escrow is not in condition to close on or before the
time for conveyance established in Section 2.6 of this Agreement,
either party who then shall have fully performed the acts to be
performed before the conveyance of title may, in writing, demand
the return of its money, papers or documents from the Escrow Agent.
No demand for return shall be recognized until ten (10) days after
the Escrow Agent (or the party making such demand) shall have
mailed copies of such demand to the other party or parties at the
address of its principal place of business. Objections, if any,
shall be raised by written notice to the Escrow Agent and to the
other party wi thin the ten (10) day period, in which event the
Escrow Agent is authorized to hold all money, papers and documents
p:\9\9484\4656S\Trans\D1spAgrS.S-4
-13-
with respect to the applicable Parcel until instructed by a mutual
agreement of the parties or, upon failure thereof, by a court of
competent jurisdiction. If no such demands are made, the escrow
shall be closed as soon as possible.
If objections are raised as above-provided for, the Escrow
Agent shall not be obligated to return any such money, papers or
documents except upon the written instructions of both the Agency
and the Developer, or until the party entitled thereto has been
determined by a final decision of a court of competent
jurisdiction. If no such objections are made within said ten (10)
day period, the Escrow Agent shall immediately return the demanded
money, papers or documents.
Any amendment to the escrow instructions shall be in writing
and signed by both the Agency and the Developer. At the time of
any amendment the Escrow Agent shall agree to carry out its duties
as Escrow Agent under such amendment.
All communications from the Escrow Agent to the Agency or the
Developer shall be directed to the addresses and in the manner
established in Section 7.1 of this Agreement for notices, demands
and communications between the Agency and the Developer.
2.6 Convevance of Title and Deliverv of Possession
Subject to any mutually agreed-upon extension of time,
conveyance to the Developer of title to each Parcel shall be
completed on or prior to the dates set forth in Section 2.3 hereof
or such later date mutually agreed to in writing by the Agency and
the Developer and communicated in writing to the Escrow Agent.
Except as otherwise provided herein, possession of the
applicable Parcel shall be delivered to the Developer concurrent
with the conveyance of title. The Developer shall accept title and
possession to the applicable Parcel on or before the dates set
forth above.
2.7 Form of Deed
The Agency shall convey to the Developer title to the each
Parcel in the condition provided in Section 2.8 of this Agreement
by Grant Deed in a form to be mutually agreed upon by the Agency
and the Developer consistent with this Agreement and otherwise
utilizing Escrow Agent's standard form. The Grant Deed to each
Parcel shall contain covenants necessary or desirable to carry out
this Agreement.
2.8 Condition of Title
The Agency shall convey to the Developer fee simple title
to each Parcel of the Site. Developer will accept title to the
Site subject to the Beea's) ef TrHst is faveF ef the A~esey fer
p:\9\9484\4656S\Trans\DispAgrS.5-4
-14-
PRase 2 aRa(er) PRase 3, if applieahle, aRa those items indicated
on Schedule B of that certain CLTA title insurance policy, dated
August 18, 1993, issued to the Agency by Chicago Title Company;
provided, however, that Developer's acceptance of the items
indicated in such title policy is conditioned upon ref}: Developer's
review and approval of a plot map showing all easements referenced
therein and its determination that such easements and other items
do not adversely affect its PI:'o.posed,develoi?ment of the Site for
-
Developer shall obtain an updated preliminary title report coverfng
the pRase ~a~a~m being purchased and may object to any additional
items indicated~on such report. In the event Developer objects to
any items indicated on the updated report, the Agency shall have
the option to remove any objectionable items from title to the
subject phase prior to the close of escrow. If the Agency is
unable or unwilling to remove any such objectionable items,
Developer shall have the right to terminate the escrow and cancel
its obligation to purchase such phase.
2.9 Time for and Place for Deliverv of Deed
Subject to any mutually agreed-upon extension of time, the
Agency shall deposit the Grant Deed for the applicable Parcel with
the Escrow Agent on or before the date established for conveyance,
as set forth above.
2.10 Payment of the Purchase Price and Recordation of the Deed
The Developer shall promptly deposit the Purchase Price (aRa
the. 6ri~ifl.ally e.ne-cutea Premi3.30ry nete. aRe! De.e.d af Treat, if
applieahle, fer PRase 2 aRa(er) Phaae 3) for the applicable Parcel
with the Escrow Agent upon or prior to the date for conveyance
thereof, provided that Escrow Agent shall have notified the
Developer in writing that the Grant Deed conveying the applicable
Parcel to the Developer, properly executed and acknowledged by the
Agency, has been delivered to the Escrow Agent and that title is
in condition to be conveyed in conformity with the provisions of
Section 2.8 of this Agreement. The Escrow Agent shall deliver the
Purchase Price (aRe the. eriEjiaal Promissory Uetc, if apf'licasle.,
fer Phass 2 aRa(er) PRase 3) to the Agency immediately following
the delivery to the Developer of a title insurance policy insuring
title in conformity with Section 2.11 of this Agreement and the
filing of the deed for recordation among the land records in the
Office of the County Recorder for San Diego County.
2.11 Title Insurance
Concurrently with recordation of the Grant Deed, Escrow Agent
("Ti tIe Co.") shall issue and deliver to the Developer an ALTA
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extended coverage policy of title insurance insuring that the title
is vested in the Developer in the condition required by Section 2.8
of this agreement. The title insurance policy shall be in the
amount of the Purchase Price of the applicable Parcel or in such
greater amount as the Developer may specify as hereinafter
provided.
Concurrent with the issuance of the title policy for the
applicable Parcel, Escrow Agent shall, if requested by the
Developer, provide the Developer with an endorsement to insure the
amount of the Developer's estimated construction costs of the
improvements to be constructed thereon.
2.12 Taxes and Assessments
Ad valorem taxes and assessments, if any, on each Parcel shall
be prorated in escrow as of the date of close of escrow based on
a 30-day month and a 360-day year.
2.13 Condition of the Site
Subject to completion of the work set forth in Section 3 of
this Agreement, the Site, each Parcel, and all improvements thereon
shall be conveyed in an "as is" condition, with no warranty,
express or implied by the Agency as to the physical condition
(including the existence of hazardous materials), value,
development, use, marketability, feasibility and suitability of the
Site, or any Parcel thereof, for Developer's intended use.
Developer is a sophisticated purchaser who is familiar with this
type of property. Developer will make its own independent
investigation, to the extent Developer deems necessary, of the
condition or suitability of the Site and each Parcel and will
acquire all or any portion of the Site solely in reliance on such
independent investigation. Developer acknowledges that any and all
studies, reports, surveys, maps and other information that
Developer may receive from Agency or its agents in connection with
the Site are provided without any warranty (whether oral or
written, express or implied) by Agency as to their accuracy, and
on the express condition that Developer shall make its own
independent evaluation of such information. Developer
uncondi tionally releases Agency from and against any and all
liability to Developer, both known and unknown, present and future,
for any and all damages, losses, claims and costs (including
attorneys fees), without limitation, the existence of hazardous
materials), or the Site's non-suitability for Developer's intended
use. Developer waives the provisions of California Civil Code
Section 1542 which provides: "A general release does not extend to
claims which the creditor does not know or suspect to exist in his
favor at the time of executing the release which if known by him
must have materially affected his settlement with the debtor.
The Agency agrees that it will not cause, or permit its
contractors or agents to cause, without remediating the same,
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during the time the applicable Parcel is in the possession of the
Agency, and prior to conveyance of title to the applicable Parcel
to the Developer, the placement of any hazardous or toxic
substances on the applicable Parcel which contaminates the soil
and/or water on the applicable Parcel. Notwithstanding the
foregoing, any hazardous or toxic substances already existing on
the Site may be moved and/or temporarily stockpiled on the Site in
accordance with the scope of demolition and/or remediation work
conducted at the Site by Watkins Contracting, Inc. and/or
Woodward-Clyde under contracts with the Agency which have been
approved by Developer.
2.14 preliminarv Work bv the Developer
Prior to the conveyance of title to each Parcel,
representatives of the Developer shall at all reasonable times have
the right of access to and entry upon those real properties
comprising the applicable Parcel which are owned by the Agency, or
of which the Agency has possession, for the purpose of obtaining
data relevant to its development process and making surveys and
tests necessary to carry out this Agreement. The Developer agrees
to defend, indemnify and hold the Agency, the City, and their
officers, employees, contractors and agents, harmless from and
against any and all claims, liability, loss, damage, costs or
expenses (including reasonable attorneys' fees and court costs)
arising out of any work or activity of the Developer, its officers,
employees, contractors and agents permitted pursuant to this
Section 2.14. The Agency agrees to provide, or cause to be
provided to the Developer all data and information pertaining to
each Parcel that is available to the Agency when requested by the
Developer.
2.15 Submission of Evidence of Financinq
The Developer shall report regularly as requested by the
Agency (but at least every three (3) months) on its progress in
obtaining financing for the development on each Parcel. The
reports may be oral, or shall be in writing if requested by the
Agency. The reports shall explain in reasonable detail the sources
and methods of financing sought, the status of obtaining the
financing and the issues, if any, which must be resolved, and the
preleasing or pres ales activity which is required or has been
achieved. The information in the reports shall remain confidential
to the extent permitted by law, recognizing without limitation that
they are subject to review by responsible officials, employees and
contractors of the Agency.
Developer shall submit to the Agency evidence satisfactory to
the Agency that the Developer has obtained the financing necessary
for the development of the applicable Parcel in accordance with
this Agreement. Such evidence of financing shall include all
information described in Section 2.4(a) of this Agreement and the
following:
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(a) A copy of the term sheet describing the details
of the terms and conditions of the mortgage
loan or loans obtained by the Developer (both
for interim construction financing and take out
financing if a condition of funding the
construction loan) to assist in financing the
construction of the improvements on the
applicable Parcel (as defined in the Scope of
Development attached as Attachment 3),
certified by the Developer to be a true and
correct copy or copies thereof; and
(b) Evidence reasonably satisfactory to the Agency
of sources of equity capital sufficient to
demonstrate that the Developer has adequate
funds to cover the difference, if any, between
construction cost minus financing authorized
by mortgage loans.
The Agency shall approve or disapprove such evidence of
financing in a timely manner. If the Agency shall disapprove any
such evidence of financing, the Agency shall do so by written
notice to the Developer stating the reasons for such disapproval.
3. PREACQUISITION OBLIGATIONS.
3.1 Demolition of Existinq Buildinqs
The Agency has contracted for demoli tion of the existing
structures at the Agency's sole cost with Watkins Contracting, Inc.
("Demolition Contract"). Such demolition work shall be completed
in accordance with the schedule set forth in the Demolition
Contract. The demolition work shall include all work described in
the Demolition Contract ("Demolition Work"). Except as otherwise
provided herein, Developer shall be responsible, at Developer's
sole cost, for any and all other work on the Site necessary for the
-
3.2 Site Remediation Work.
(a) Agency has contracted with Woodward-Clyde ("
Environmental Consultant") for testing and the performance of a
limited surface soils investigation for the Site. Agency shall be
responsible for payment of all costs of the pre-demolition soils
testing (approximately $17,000.00 (Ge. eflteennS~Me~ege~ Thousand
Dollars+'~) ("Pre-demo Soils Testinq"). """""'.'",'.',,,,>>.,,"',,,,<,,,<,,"',,,
(b) Agency shall contract with the Environmental
Consultant to conduct the additional testing, monitoring and
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remediation recornrnended by the Environmental Consultant as a result
of the Pre-demo Soils Testing and which is of a type and scope
agreed to by the parties to this Agreement ("Remediation Work").
(c) Agency and Developer each cornrnit to share in
the costs of the Remediation Work, as follows: (i) Developer shall
be responsible for payment of up to the first Ten Thousand Dollars
($10,000.00) due and payable for the Remediation Work; (ii) Agency
shall be responsible for payment of up to the next Ten Thousand
Dollars ($10,000.00) due and payable for the Remediation Work; and
(iii) each party will be responsible for payment of fifty percent
(50%) of up to the next Twenty Thousand Dollars ($20,000.00) due
and payable for the Remediation Work. If during the course of
performing the Remediation Work, Environmental Consultant indicates
or the parties otherwise agree that the Remediation Work will cost
in excess of Forty Thousand Dollars ($40,000.00), ("Additional
Remediation Work") then, while neither party shall be obligated to
advance sums in excess of this amount, the parties shall meet,
discuss and negotiate the allocation of responsibility.
(d) If the parties are unable to agree to the
allocation of responsibility for Additional Remediation Work,
Developer or Agency may terminate this Agreement pursuant to
-
Developer shall remain liable for the first Ten Thousand Dollars
($10,000.00) due and payable for the Remediation Work and fifty
percent (50%) of up to the next Twenty Thousand Dollars
($20,000.00) due and payable for the Remediation Work. Developer
shall be responsible for such amounts only if Agency proceeds with
the Remediation Work and incurs such costs.
(e) If the parties reach agreement as to the
allocation of responsibility for Additional Remediation Work or if
the Remediation Work does not exceed Forty Thousand Dollars
($40,000.00), then, subject to the Agency's completion of the
Demolition Work, the Site shall be acquired by Developer in an "as
is" condition with no representations and warranties from Agency
with respect to the physical condition thereof.
(f) The Agency shall contract for and oversee the
Remediation Work and any agreed upon Additional Remediation Work.
Developer shall reimburse Agency for any amounts owed by Developer
within seven (7) days of the receipt of the applicable invoice and
supporting documentation from Agency.
(g) The Remediation Work and any Additional
Remediation Work shall be deemed complete when Environmental
Consultant or another licensed hazardous materials professional
has issued a letter or report certifying that He f1:l.FtRer E9j:!ltH~
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!!I!I::~~;~\tl~!!~!~'!~fi"@'.'llIITIBI.~
(h) Developer shall have the right but not the
obligation to monitor the Remediation Work and any Additional
Remediation Work. This right shall include the ability to review
all information generated by Environmental Consultant and to meet
and discuss the progress with Environmental Consultant.
environmental uerlt
the Si te !1!(~ml!ge
( i ) Developer and Agency shall meet and confer
regarding pursuit of monetary claims relating to the Remediation
Work. If the parties so agree, Agency shall use its best efforts
to pursue any and all monetary claims the Agency may have including
those against Fuller Ford and its principals and, if applicable,
under the state Underground storage Tank Cleanup Fund for the cost
of the Remediation Work. If Agency pursues such claims, Agency
shall reimburse Developer for up to its monetary contribution to
the Remediation Work out of the first available proceeds after
deducting Agency's actual costs in pursuing such claims.
4. DEVELOPMENT OF THE SITE
4.1 Development of the Site
Developer shall have no obligation to construct on any Parcel
unless and until Developer elects to acquire that Parcel. Upon
such election and the close of escrow conveying any Parcel to
Developer, Developer's obligation to construct the improveme~ts on
that Parcel shall mature and Developer shall be subject to the
remedies provided in this Agreement for failure to complete
construction in the manner and the time set forth in this
Agreement. All construction shall comply with all applicable
federal, state and local laws, and all environmental, land use and
other conditions imposed on the Project.
4.1 .1
Scope of Development
The Site, and each Parcel thereof, shall be developed with
"Business Homes" in accordance with and within the limitations
established in the "Scope of Development" incorporated herein and
attached to this Agreement as Attachment No.3.
4.1. 2
Basic Concept and Schematic Drawinqs
The Developer has prepared and submitted, and Agency has
approved Basic Concept and Schematic Drawings and related documents
for the development of the Site.
The Si te shall be developed as established in the Basic
Concept and Schematic Drawings and related documents except as
changes may be mutually agreed upon between the Developer and the
Agency. Any such changes shall be within the limitations of the
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Scope of Development
accordance with all
conditions.
(Attachment NO.3) and shall be processed in
applicable local land use processes and
4.1.3
Landscaoinq and Gradinq Plans
The Developer shall prepare and submit to the Agency for its
approval preliminary and final landscaping and preliminary and
finish grading plans for each Parcel. Those plans shall be
prepared and submitted within the time established by the parties
as described in Section 2.3. The landscaping plans shall include
a lighting program which highlights the design of components of the
development, including, but not limited to, building facades,
archi tectural detail, building interiors, landscaping and
sculpture.
The landscaping plans shall be prepared by a professional
landscape architect and the grading plans shall be prepared by a
licensed civil engineer. Such landscape architect and/or civil
engineer may be the same firm as the Developer's architect.
4.1.4
Construction Drawinos and Related Documents for
the Site
The Developer shall prepare and submit construction drawings
and related documents (collectively called the II Drawinos") for the
development pertaining to each Parcel to the Agency for review
(including but not limited to architectural review), and written
approval in the times established by the parties as described in
Section 2.3. Such construction drawings and related documents
shall be submitted in three stages: Design Development Drawings,
50% Complete Construction Drawings and Final Construction Drawings.
Final Construction Drawings are hereby defined as those in
sufficient detail to obtain a building permit.
Approval of progressively more detailed drawings and
specifications will be promptly granted by the Agency if developed
as a logical evolution of drawings or specifications theretofore
approved. Any items so submitted and approved by the Agency shall
not be subject to subsequent disapproval.
During the preparation of all drawings and plans, the Agency
and the Developer shall hold regular progress meetings to
coordinate the preparation of, submission to, and review of
construction plans and-related documents by the Agency. The Agency
and the Developer shall communicate and consult informally as
frequently as is necessary to insure that the formal submittal of
any documents to the Agency can receive prompt and speedy
consideration.
If any revisions or corrections of plans approved by the
Agency shall be required by any non-City/Agency government
official, agency, department, or bureau having jurisdiction over
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the development of the Site, the Developer and the Agency shall
cooperate in efforts to obtain waiver of such requirements or to
develop a mutually acceptable alternative.
4.1.5
Aqency Approval of Plans. Drawinqs and Related
Documents
Subject to the terms of this Agreement, the Agency shall have
the right of review (including without limitation architectural
review) of all plans and submissions, including any proposed
changes therein. The Agency shall approve or disapprove the plans,
drawings and related documents referred to in Sections 4.1.3, and
4.1.4 of this Agreement in a timely manner. Any disapproval shall
state in writing the reasons for disapproval and the changes which
the Agency requests to be made. Such reasons and such changes must
be consistent with the Scope of Development (Attachment No.3) and
any items previously approved or deemed approved hereunder. The
Developer, upon receipt of a disapproval based upon powers reserved
by the Agency hereunder, shall revise the plans, drawings and
related documents, and shall resubmit to the Agency as soon as
possible after receipt of the notice of disapproval.
If the Developer desires to make any substantial change in
the Final Construction Drawings after their approval, such proposed
change shall be submitted to the Agency for approval. If the Final
Construction Drawings, as modified by the proposed change, conform
to the requirements of Section 4.1.4 of this Agreement and the
Scope of Development, the proposed change shall be approved and the
Developer shall be notified in writing within fifteen (15) days
after submission. Such change in the construction plans shall, in
any event, be deemed approved unless rejected, in whole or in part,
by written notice thereof setting forth in detail the reasons
therefor, and such rejection shall be made within said fifteen (15)
day period.
4.1. 6
Cost of Construction
The cost of developing the Site, and each Parcel thereof, and
constructing all improvements thereon shall be borne by the
Developer, except as provided in this Agreement.
4.1.7
Construction Proqress Reports
During periods of construction, the Developer shall submit to
the Agency a written report of the progress of the construction
when and as reasonably requested by the Agency. The report shall
be in such form and detail as may be reasonably required by the
Agency and shall include a reasonable number of construction
photographs (if requested) taken since the last report by the
Developer.
4.1.8
Indemnification Durinq Construction; Bodily
Iniury and Property Damaqe Insurance
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During the period commencing with execution of this Agreement
by the Agency, and continuing until such time as the Agency has
issued a Certificate of Completion with respect to the construction
of all improvements on the Site, the Developer agrees to and shall
defend, indemnify and hold harmless the Agency, and City and their
respective officers, employees, contractors and agents from and
against all claims, liability, loss, damage, costs or expenses
(including reasonable attorneys' fees and court costs) arising from
or as a result of the death of any person or any accident, injury,
loss or damage whatsoever caused to any person or to the property
of any person arising out of the activities of the Developer under
this Agreement, and which shall be directly or indirectly caused
by any acts done or any errors or omissions of the Developer or its
officers, employees, contractors or agents. The Developer shall
not be responsible for (and such indemnity shall not apply to) any
negligent acts, errors or omissions or intentional misconduct by
the Agency, the City, or their respective officers, employees,
contractors or agents. Without limiting the preceding sentence,
except for activities undertaken by the Developer with respect to
a Parcel before the conveyance of title thereto to the Developer,
the Agency hereby acknowledges that (as between the Agency and the
Developer) the Agency is responsible for maintaining each Parcel
and any improvements which may remain thereon in a safe condition
prior to conveyance of title to the applicable Parcel to the
Developer.
During the period commencing with any preliminary work on the
Site by the Developer under Section 2.14, or if none, then
commencing with conveyance of title to: the first Parcel to the
Developer, and ending on the date when a Certificate of Completion
has been issued with respect to the entire Site, the Developer
shall furnish or cause to be furnished to the Agency, duplicate
originals or appropriate certificates of bodily injury and property
damage insurance policies in the amount of at least Two Million
Dollars ($2,000,000.00) combined single limit naming the Agency and
Ci ty, and their officers, employees, contractors and agents as
additional insureds.
4.1.9
Anti-discrimination durinq Construction
The Developer for itself and its successors and assigns agrees
that in the construction of the improvements on the Site provided
for in this Agreement, the Developer will not discriminate against
any employee or applicant for employment because of sex, marital
status, race, color, creed, religion, national origin or ancestry.
4.1.10
Local. State and Federal Laws
The Developer shall carry out the construction of the
improvements on the Site in conformity with all applicable laws,
including all applicable federal and state labor standards.
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4.1 .11
City and Other Governmental Aqencv Permits
Before commencement of construction or development of any
buildings, structures or other work of improvement upon each Parcel
of the Site, the Developer shall, at its own expense, secure or
cause to be secured, any and all permits which may be required by
the City or any other governmental agency affected by such
construction, development or work. Agency staff shall reasonably
cooperate with the Developer in securing these permits.
4.1.12
License/Easement
Agency and/or City shall and do hereby grant Developer a
license, revocable upon the completion and sale of all Business
Homes units termination of this Agreement, to use portions of the
Site not yet acquired by Developer for construction staging and
stockpiling relating to Developer's development and construction
activities upon the Site. Any such use of the Site by Developer
shall be subject to Section 4.1.8 hereof. Developer shall take all
necessary and appropriate measures to secure and maintain the Site
in a safe condition during the term of its license and shall name
the Agency as an additional insured under any liability insurance
purchased by Developer with respect to its activities on the Site.
4.2 Fees
Developer shall be solely responsible for payment of all
applicable Project processing and impact fees. Developer reserves
the right to challenge the propriety of the imposition of or amount
of any such fees.
4.3 Taxes: Assessments: Encumbrances; and Liens
The Developer shall pay when due all real estate taxes and
assessments assessed and levied on or against each Parcel
subsequent to the conveyance of the title thereto. The Developer
shall not place, or allow to be placed, on the Site or any Parcel
thereof, any mortgage, trust deed, encumbrance or lien not
authorized by this Agreement. The Developer shall remove, or shall
have removed, any levy or attachment made on the Site (or any
Parcel thereof ), except those created by work of the Agency, or
shall assure the satisfaction thereof within a reasonable time but
in any event prior to a sale thereunder. Nothing herein contained
shall be deemed to prohibit the Developer from contesting the
validity or amount of any tax assessment, encumbrance or Lien, nor
to limit the remedies available to the Developer in respect
thereto. The covenants of the Developer set forth in this Section
4.4 relating to the placement of any unauthorized mortgage, trust
deed, encumbrance or lien, shall remain in effect only until a
Certificate of Completion of construction has been recorded with
respect to the Parcel upon which any unauthorized mortgage, trust
deed, encumbrance or lien might be placed.
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4.4 Prohibition aqainst Transfer
Prior to the recordation by the Agency of a Certificate of
Completion for a Parcel (referred to in Section 4.7 of this
Agreement), the Developer shall not, except as permitted by this
Agreement, assign or attempt to assign this Agreement or any right
herein with respect to such Parcel, nor make any total or partial
sale, transfer, conveyance or assignment of the whole or any part
of such Parcel or the improvements thereon, without prior written
approval of the Agency. This prohibition shall not apply to a
Parcel (or any portion thereof) subsequent to the recordation of
the Certificate of Completion with respect thereto. This
prohibition shall not be deemed to prevent the granting of
easements or permits necessary for the development of the Site, nor
shall it prohibit entering into contracts to sell individual
Business Homes conditional on the issuance of a Certificate of
Completion therefor, nor shall it prohibit granting any security
interests expressly described in this Agreement for financing the
acquisition and development of the applicable Parcel.
4.5 Securitv Financinq; Riqht of Holders
4.5.1
No Encumbrances except Mortqaqes. Deeds of
Trust. Conveyances and Leases-Back or Other
Conveyance for Financinq for Development
Notwithstanding Section 4.4, after conveyance of title to the
applicable Parcel to the Developer, mortgages, and deeds of trust,
or any other form of conveyance required for any reasonable method
of financing are permitted with respect to the Parcel before the
recordation of the Certificate of Completion (referred to in
Section 4.7 of this Agreement), but only for the purpose of
securing loans of funds to be used for the construction of
improvements on such Parcel, and any other expenditures necessary
and appropriate to develop such Parcel under this Agreement. The
Developer shall notify the Agency in advance of any mortgage, deed
of trust, or other form of conveyance for financing, if the
Developer proposes to enter into the same before the recordation
of the Certificate of Completion. The Developer shall not enter
into any such conveyance for financing without the prior written
approval of the Agency, which approval the Agency agrees to give
if any such conveyance is given to a financial or lending
institution approved by Agency under the standards set forth in
Section 2.4(a) and 2.17 hereof. Such lender approved by the Agency
pursuant to this Section 4.5.1, shall not be bound by any
amendment, implementation or modification to this Agreement
subsequent to its approval without such lender giving its prior
written consent.
In any event, the Developer shall promptly notify the Agency
of any mortgage, deed of trust, conveyance and lease-back, or other
financing, conveyance, encumbrance or lien that has been created
or attached to the Site or any Parcel (or any portion thereof)
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prior to completion of the construction of the improvements thereon
whether by voluntary act of the Developer or otherwise.
The words "mortgage" and "deed of trust" as used herein
include all other appropriate modes of financing real estate
acquisition, construction and land development.
4.5.2
Holder Note Obliqated to Construct Improvements
The holder of any mortgage, dead of trust or other security
interest authorized by this Agreement shall in no way be obligated
by the provisions of this Agreement to construct or complete the
improvements or to guarantee such construction or completion; nor
shall any covenants or any other provision in the grant deed for
the applicable Parcel be so construed as to so obligate such
holder. Nothing in this Agreement shall be deemed or construed to
permit such holder to devote the Site to any uses or to construct
any improvements on the Site, other than those uses or improvements
provided for or authorized by this Agreement.
4.5.3
Notice of Default to Mortqaqe. Deed of Trust
or Other Security Interest Holders; Riqht to
Cure
Whenever the Agency shall deliver any notice or demand to the
Developer with respect to any breach or default by the Developer
in completion of construction of the improvements, the Agency shall
at the same time deliver to each holder of record of any mortgage,
deed of trust or other security interest authorized by this
Agreement a copy of such notice or demand. Each such holder shall
(insofar as the rights of the Agency are concerned) have the right
at its option within ninety (90) days after the receipt of the
notice', to cure or remedy, or commence to cure or remedy, any such
default and to add the cost thereof to the security interest debt
and the lien of its security interest. If such default shall be
a default which can only be remedied or cured by such holder upon
obtaining possession, such holder shall seek to obtain possession
with diligence and continuity through a receiver or otherwise, and
shall remedy or cure such default within ninety (90) days after
obtaining possession; provided that in the case of a default which
cannot with diligence be remedied or cured, or the remedy or cure
of which cannot be commenced within such ninety (90) day period,
such holder shall have such additional time as reasonably necessary
to remedy or cure such default with diligence and continuity; and
provided further that such holder shall not be required to remedy
or cure any non-curable default of the Developer. Nothing
contained in this Agreement shall be deemed to permit or authorize
such holder to undertake or continue the construction or completion
of the improvements (beyond the extent necessary to conserve or
protect the improvements or construction already made) without
first having expressly assumed the Developer's obligations to the
Agency by written agreement satisfactory to the Agency. The holder
in that event must agree to complete, in the manner provided in
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this Agreement, the improvements to which the lien or title of such
holder related, and submit evidence satisfactory to the Agency that
it has the qualifications and/or financial responsibility necessary
to perform such obligations. Any such holder properly completing
such improvements shall be entitled, upon written request made to
the Agency, to a Certificate of Completion from the Agency.
4.5.4
Failure of Holder to Complete Improvements
In any case where, six (6) months after default by the
Developer in completion of construction of improvements on any
Parcel under this Agreement, the holder of any mortgage, deed of
trust or other security interest creating a lien or encumbrance
upon such Parcel (or portion thereof) has not exercised the option
to construct, or if it has exercised the option but has not
proceeded diligently with construction, the Agency may purchase the
mortgage, deed of trust or other security interest by payment to
the holder of the amount of the unpaid debt, plus any accrued and
unpaid interest. If the ownership of the Parcel (or portion
thereof) has vested in the holder, the Agency, if it so desires,
shall be entitled to a conveyance from the holder to the Agency
upon payment to the holder of an amount equal to the sum of the
following:
(a) The unpaid mortgage, deed of trust or other
security interest debt at the time title became
vested in the holder (less all appropriate
credi ts, including those resul ting from
coLlection and application of rentals and other
income received during foreclosure
proceedings).
(b) All expenses with respect to foreclosure.
(c) The net expense, if any (exclusive of general
overhead), incurred by the holder as a direct
result of the subsequent ownership or
management of the Parcel (or portion thereof),
such as insurance premiums and real estate
taxes.
(d) The cost of any improvements made by such
holder.
(e) An amount equivalent to the interest that would
have accrued on the aggregate of such amounts
had all such amounts become part of the
mortgage or deed of trust debt and such debt
had continued in existence to the date of
payment by the Agency.
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Riqht of the Aqencv to Cure Mortqaqe. Deed of
Trust. or Other Security Interest Default
In the event of a default or breach by Developer under any
mortgage, deed of trust or other security instrument with respect
to any Parcel prior to the issuance of a Certificate of Completion
by the Agency wi th respect to such Parcel, the holder of such
security instrument shall give the Agency the same notice and cure
rights to which Developer is entitled under the applicable loan
documents.
4.5.5
In the event of a default or breach by the Developer of a
mortgage, deed of trust or other security interest with respect to
any Parcel (or any portion thereof) prior to the issuance of a
Certificate of Completion by the Agency, and the holder has not
exercised its option to complete the development, the Agency may
cure the default prior to completion of any foreclosure. In such
event, the Agency shall be immediately entitled to reimbursement
from the Developer of all costs and expenses incurred by the Agency
in curing the default. The Agency shall also be entitled to a lien
upon the applicable Parcel (or portion thereof) to the extent of
such costs and disbursements. Any such lien shall be subordinate
and subject to mortgages, deeds of trust, or other security
instruments executed for the sole purpose of obtaining funds to
purchase and develop such Parcel (or portion thereof) as authorized
herein.
4.6 Riqht of the Aqencv to Satisfy Other Liens on the
Property After Title Passes
Prior to the recordation of the Certificate of Completion
(referred to in Section 4.7 of this Agreement), and after the
Developer has had a reasonable time to challenge, cure or satisfy
any liens or encumbrances on the applicable Parcel (or any portion
thereof), the Agency shall have the right to satisfy any such liens
or encumbrances; provided, however, that nothing in this Agreement
shall require the Developer to payor make provisions for the
payment of any tax, assessment, lien or charge so long as the
Developer in good faith shall contest the validity or amount
thereof, and so long as such delay in payment shall not subject the
Parcel (or any portion thereof) to forfeiture or sale.
4.7 Certificate of Completion
promptly after completion of all construction and development
to be completed by the Developer upon the applicable Parcel, and
assuming Developer is not otherwise in default under this Agreement
or in non-compliance with applicable local laws, permits and
conditions, the Agency shall furnish the Developer with a
Certificate of Completion upon written request therefor by the
Developer. The Agency shall not unreasonably withhold any such
Certificate of Completion. Such Certificate of Completion shall
be, and shall so state, conclusive determination of satisfactory
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completion of the construction required by this Agreement upon the
applicable Parcel, and of full compliance with the terms hereof
wi th respect to the applicable Parcel. The Agency may also furnish
the Developer with a Certificate of Completion for portions of the
improvements upon the applicable Parcel, including for specific
uses, as are properly completed and ready to use if the Developer
is not in default under this Agreement.
The Certificate of Completion shall be in such form as to
permit it to be recorded in the Office of the Recorder of San Diego
County.
If the Agency refuses or fails to furnish a Certificate of
Completion for the applicable Parcel after written request from
the Developer, the Agency shall, within fifteen (15) days of
receipt of the written request, provide the Developer with a
written statement which details the reasons the Agency refused or
failed to furnish a Certificate of Completion. The statement shall
also contain the Agency's opinion of the action the Developer must
take to obtain a Certificate of Completion. If the reason for such
refusal is confined to the immediate unavailability of specific
items or materials for landscaping, or incidental interior
punchlist items, or incidental exterior punchlist items which do
not adversely affect the appearance of the development, the Agency
will issue its Certificate of Completion upon the posting of a bond
by the Developer with the Agency in an amount representing one
hundred and fifty percent (150%) of the cost of the work not yet
completed.
Such Certificate of Completion shall not constitute evidence
of compliance wi th or satisfaction of any obligation of the
Developer to any holder of a mortgage, or any insurer of a mortgage
securing money loaned to finance the improvements, nor any part
thereof. Such certificate of Completion is not notice of
completion as referred to in Section 3093 of the California Civil
Code.
In no event shall the issuance of such Certificate of
Completion constitute a representation by Agency for any other
purpose as to the adequacy or completeness of the applicable
improvements, or otherwise relieve Developer of any liability for
improper design or construction (or other performance) of the
applicable improvements or of any liability for any indemnity or
other obligation undertaken by Developer with respect to the
applicable improvements.
5. USE OF THE SITE
5.1 Uses
The Developer covenants and agrees for itself, its successors,
its assigns and every successor in interest to the Site or any part
thereof, that during construction and thereafter the Developer, its
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successors and assignees shall devote the Site, and each Parcel,
to the uses specified in the Redevelopment Plan, the Scope of
Development and the Grant Deed.
5.2 Maintenance and Control of Common Areas
Subject to City/Agency's prior approval of the necessary
assessment district in their sole discretion, as provided in
Section 2.4(e) hereof, Developer shall convey and City or Agency,
as they shall determine, shall accept title to the " Common Areas"
associated with that Phase as more particularly described on
Attachment 4, as part of the parcel map process and otherwise prior
to the conveyance of the first Business Home unit. Agency staff
and Developer agree to meet and confer to formulate an assessment
district to provide maintenance of the Common Areas. Agency staff
and Developer shall present the application for the assessment
district to the City for its consideration, with the goal of
substantial implementation prior to the conveyance of Phase 1.
5.3 Obliqation to Refrain from Discrimination
The Developer covenants and agrees for itself, its successors,
its assigns and every successor in interest to the Site or any part
thereof, there shall be no discrimination against or segregation
of any person, or group of persons, on account of sex, marital
status, race, color, creed, religion, national origin or ancestry
in the sale, lease, sublease, transfer, use, occupancy, tenure or
enjoyment of the Site nor shall the Developer itself or any person
claiming under or through it establish or permit any such practice
or practices of discrimination or segregation with reference to the
selection, location, number, use or occupancy of tenants, lessees,
subtenants, sublessees or vendees of the Site.
5.4 Form of Nondiscrimination and Nonseqreqation Clauses
The Developer shall refrain from restricting the rental, sale
or lease of the Site on the basis of sex, marital status, race,
color, creed religion, ancestry or national origin of any person.
All deeds, leases or contracts shall contain or be subject to
substantially the following nondiscrimination or nonsegregation
clauses:
(a) In deeds: "The grantee herein covenants by
and for itself, its successors and assigns,
and all persons claiming under or through them,
that there shall be no discrimination against
or segregation of, any person or group of
persons on account of sex, marital status,
race, color, creed, religion, national origin
or ancestry in the sale, lease, sublease,
transfer, use, occupancy, tenure or enjoyment
of the land herein conveyed, nor shall the
grantee itself or any person claiming under or
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through it, establish or permit any such
practice or practices of discrimination or
segregation with reference to the selection,
location, number, use or occupancy of tenants,
lessees, subtenants, sublessees or vendees in
the land herein conveyed. The foregoing
covenants shall run with the land."
(b) In Leases: "The lessee herein covenants by
and for itself, its successors and assigns,
and all persons claiming under or through them,
and this lease is made and accepted upon and
subject to the following conditions:
That there shall be no discrimination against
or segregation of any person or group of
persons, on account of sex, marital status,
race, color, creed, religion, national origin
or ancestry in the leasing, subleasing,
renting, transferring, use, occupancy, tenure
or enjoyment of the land herein leased, nor
shall lessee itself, or any person claiming
under or through it, establish or permit such
practice or practices of discrimination or
segregation with reference to the selection,
location, number, use or occupancy of tenants,
lessees, sublessees, subtenants or vendees in
the land herein leased."
(c) In contracts: "There shall be no
discrimination against or segregation of any
person or group of persons on account of sex,
marital status, race, color, religion, creed,
national origin or ancestry in the sale, lease,
sublease, transfer, use, occupancy, tenure or
enjoyment of the land, nor shall the transferee
itself or any person claiming under or through
it, establish or permit any such practice or
practices of discrimination or segregation with
reference to the selection, location, number,
use or occupancy of tenants, lessees,
subtenants, sublessees or vendees of the land. "
5.5 Land Use Controls
Developer and Agency shall work together to implement
mechanisms to restrict the use of the Business Homes to
residential/commercial joint owner occupancy, as follows:
(a) In Deeds: Deeds shall contain substantially
the following clause: "The grantee herein
covenants by and for itself, its successors
and assigns, and all persons claiming under or
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through them, for the benefit of the City of
Chula Vista, the Redevelopment Agency of the
City of Chula Vista, and each and every other
Business Home owner at the Site, that the
commercial and residential portions of the
property shall be jointly used by the same
individual occupant."
(b) In CC&R's: The CC&R's described in Section
5.7 shall include a provision requiring joint
occupancy of the commercial and residential
portions of each Parcel.
(c) Business License Restrictions: Zoning permits
and/or business licenses issued for businesses
occupying any Parcel may include a provision
requiring joint occupancy of the commercial and
residential portions of each parcel.
5.6 Effect and Duration of Covenants
The covenants established in this Agreement shall, without
regard to technical classification and designation, be binding on
the Developer and any successor in interest to the Site and each
Parcel (or any part thereof) for the benefit and in favor of the
Agency, its successors and assigns, and the City. Such covenants
as are to survive the issuance of the Certificate of Completion by
the Agency shall be contained in the Grant Deed and shall remain
in effect for the period specified therein.
5.7 Covenants. Conditions and Restrictions
Prior to Agency's conveyance of Parcel 1 to Developer,
Developer shall prepare Covenants, Conditions and Restrictions
( "CC&R ' s") for review and approval by Agency. The CC&R' s shall
address occupancy restrictions, commercial area use, access,
maintenance, alterations, maintenance of private improvements and
other similar issues which Agency and Developer mutually agree
should be included or which are otherwise required by Agency or
Ci ty. Agency shall be a third party beneficiary of the CC&R' s with
enforcement rights.
6. DEFAULTS, REMEDIES AND TERMINATION
6.1 Defaults - General
Subject to the extensions of time set forth in Section 7.4,
failure or delay by either party to perform any term or provision
of this Agreement constitutes a default under this Agreement. The
party who fails or delays must immediately commence to cure,
correct or remedy such failure or delay and shall complete such
cure, correction or remedy using its best efforts and all due
diligence, and during any period of curing shall not be in default.
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The injured party shall give written notice of default to the
party in default, specifying the default complained of by the
injured party. Failure or delay in giving such notice shall not
constitute a waiver of any default, nor shall it change the time
of default. Except as otherwise expressly provided in this
Agreement, any failures or delays by either party in asserting any
of its rights and remedies as to any default shall not operate as
a waiver of any default or of any such rights or remedies. Delays
by either party in asserting any of its rights and remedies shall
not deprive either party of its right to institute and maintain any
actions or proceedings which it may deem necessary to protect,
assert or enforce any such rights or remedies.
6.2 Leqal Actions
6.2.1
Institution of Leqal Actions
In addition to any other rights or remedies, either party may
institute legal action to cure, correct or remedy any default, to
recover damages for any default, or to obtain any other remedy
consistent with the purpose of this Agreement. Such legal actions
must be instituted in the Superior Court of the County of San
Diego, State of California, in any other appropriate court of that
county, or in the Federal District Court in the Southern District
of California.
6.2.2
Applicable Law
The Laws of the State of California shall govern the
interpretation and enforcement of this Agreement.
6.2.3
Acceptance of Service of Process
In the event that any legal action is commenced by the
Developer against the Agency, service of process on the Agency
shall be made by personal service upon the Executive Director or
Chairman of the Agency, or in such other manner as may be provided
by law.
In the event that any legal action is commenced by the Agency
against the Developer, service of process on the Developer shall
be made by personal service upon the Developer (or upon a general
partner or officer of the Developer if an entity) and shall be
valid whether made within or without the State of California, or
in such manner as may be provided by law.
6.3 Riqhts and Remedies Are Cumulative
Except with respect to rights and remedies expressly declared
to be exclusive in this Agreement, the rights and remedies of the
parties are cumulative, and the exercise by either party of one or
more of such rights or remedies shall not preclude the exercise by
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it, at the same or different times, of any other rights or remedies
for the same default or any other default by the other party.
6.4 Damaqes
If either party defaults with regard to any of the provisions
of this Agreement, the non-defaulting party shall serve written
notice of such default upon the defaulting party. If the default
is not commenced to be cured within thirty (30) days after service
of the notice of default and is not cured promptly in a continuous
and diligent manner within a reasonable period of time after
commencement, the defaulting party shall be liable to the
non-defaulting party for any damages caused by such default, and
the non-defaulting party may thereafter (but not before) commence
an action for damages against the defaulting party with respect to
such default.
6.5 Specific Performance
If either party defaults with regard to any of the provisions
of this Agreement, the non-defaulting party shall serve written
notice of such default upon the defaulting party. If the default
is not commenced to be cured within thirty (30) days after service
of the notice of default and is not cured promptly in a continuous
and diligent manner wi thin a reasonable period of time after
commencement the non-defaulting party, at its option, may
thereafter (but not before) commence an action for specific
performance of the terms of this Agreement pertaining to such
default.
6.6 Remedies and Riqhts of Termination
6.6.1
Termination bv the Developer
In the event that prior to the conveyance of title to the
applicable Parcel to the Developer:
(a) the Agency, despite being in a position to do
so, does not tender either conveyance of title
to the applicable Parcel or possession thereof,
to the Developer in the manner and condition,
and by the date provided in this Agreement; or
(b) the parties are unable to agree to the
allocation of responsibility for Additional
Remediation Work; or
(c) the Agency is unable, despite diligent and good
faith efforts, to timely convey title to the
applicable Parcel under circumstances which
will freely permit the Parcel to be cleared and
developed in accordance wi th the terms and
conditions of this Agreement; or
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(d) the Developer is unable, despite diligent and
good faith efforts, to obtain financing for the
acquisition and development of the applicable
Parcel and submit evidence thereof to the
Agency as referred to in Section 2.15; and
(e) if any default or failure referred to in
subdivision (a) or (b) of this Section shall
not be cured within thirty (30) days after the
date of written demand by the Developer;
then this Agreement, at the option of the Developer, shall be
terminated with respect to any unconveyed Parcels, by written
notice thereof to the Agency, and except to the extent provided in
Section 3.2 (d) of this Agreement, neither the Agency nor the
Developer shall have any further rights against or liability to
the other under this Agreement with respect to any un conveyed
Parcels, or with respect to the entire Site if no Parcel has been
conveyed.
6.6.2
Termination bv Aqencv
In the event that prior to the conveyance of title to the
applicable Parcel to the Developer:
(a) the Developer shall fail to timely make any
report to the Agency on its progress in
obtaining financing for the development on a
Parcel as required by Section 2.15 of this
Agreement, or to submit to the Agency the
evidence of financing commitments referred to
in Section 2.15 of this Agreement; or
(b) the Developer (or any successor in interest)
assigns or attempts to assign the Agreement or
any right herein, or in the Site or any Parcel
(or portion thereof); or
(c) the Developer does not submit any plans,
drawings and related documents as required by
this Agreement by the date provided in this
Agreement therefor; or
(d) the Developer does not pay the Purchase Price
and take title to the applicable Parcel under
a tender of conveyance by the Agency pursuant
to this Agreement; or
(e) the Agency is unable, despite diligent and good
faith efforts, to timely convey title to the
applicable Parcel under circumstances which
will freely permit the Parcel to be cleared and
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developed in accordance wi th the terms and
conditions of this Agreement; and
(f) if any default or failure referred to in
subdivisions (a), (b), (c), (d) or (e) of this
Section shall not be cured within thirty (30)
days after the date of written demand by the
Agency;
then this Agreement and any rights of the Developer, or any
assignee or transferee, in this Agreement, or arising therefrom
with respect to the Agency, shall at the option of the Agency, be
terminated with respect to any unconveyed Parcels, by written
notice to the Developer, and except to the extent provided in
Section 3.2(d), neither the Agency nor the Developer shall have
any further rights against or liability to the other under this
Agreement with respect to any unconveyed Parcels, or with respect
to the entire Site if no Parcel has been conveyed.
6.7 Riqht of Reentrv
The Agency shall have the right, at its option, to reenter
and take possession of any Parcel (or portion thereof) with all
improvements thereon, and to terminate and revest in the Agency
the estate theretofore conveyed to the Developer, if after
conveyance of title to such Parcel and prior to the recordation of
the Certificate of Completion pertaining to such Parcel (or portion
thereof), the Developer (or its successors in interest) shall:
(a) fail to commence or complete construction of
the improvements on such Parcel (or portion
thereof) as required by this Agreement for a
period of three (3) months after written notice
to proceed from the Agency, provided that the
Developer shall not have obtained an extension
or postponement to which the Developer may be
entitled pursuant to Section 7.4 hereof; or
(b) abandon or substantially suspend construction
of the improvements on such Parcel (or portion
thereof) for a period of three (3) months after
written notice of such abandonment or
suspension has been given by the Agency to the
Developer, provided the Developer has not
obtained an extension or postponement to which
the Developer may be entitled to pursuant to
Section 7.4 hereof; or
(c) assign or attempt to assign this Agreement, or
any rights herein, or transfer, or suffer any
involuntary transfer of such Parcel, or any
part thereof, in violation of this Agreement,
and such violation shall not be cured within
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thirty (30) days after the date of receipt of
written notice thereof by the Agency to the
Developer.
Such right to reenter, repossess, terminate and revest shall
be subject to and be limited by and shall not defeat, render
invalid or limit:
(a) any mortgage, deed of trust or other security
interests permitted by this Agreement with
respect to the applicable Parcel;
(b) any rights or interests provided in this
Agreement for the protection of the holders of
such mortgages, deeds of trust or other
security interests.
The rights established in this Section 6.7 shall not apply to
any Parcel (or portion thereof) on which the improvements to be
constructed thereon have been completed in accordance with the
Agreement and for which a Certificate of Completion has been
recorded therefor as provided in Section 4.7.
The Grant Deed to each Parcel shall contain appropriate
reference and provision to give effect to the Agency's right, as
set forth in this Section 6.7 under specified circumstances prior
to the recordation of the Certificate of Completion, to reenter and
take possession of the Parcel, or any part thereof, with all
improvements thereon, and to terminate and revest in the Agency the
estate conveyed to the Developer.
Upon the revesting in the Agency of title to the applicable
Parcel, or any part thereof, as provided in this Section 6.7 the
Agency shall, pursuant to its responsibilities under state law,
use its best efforts to resell the Parcel, or any part thereof, as
soon and in such manner as the Agency shall find feasible and
consistent with the objectives of the Community Redevelopment Law
and the Redevelopment Plan to a qualified and responsible party or
parties (as determined by the Agency), who will assume the
obligation of making or completing the improvements, or such other
improvements in their stead, as shall be satisfactory to the Agency
and in accordance with the uses specified for the Parcel, or any
part thereof, in the Redevelopment Plan. Upon such resale of the
Parcel, or any part thereof, the proceeds thereof shall be applied:
(a) first, to payoff all liens and encumbrances
and offsets for any Developer defaults; and
(b) second, to reimburse the Agency on its own
behalf or on behalf of the City of all costs
and expenses incurred by the Agency, including
but not limited to salaries to personnel
engaged in such action, in connection with the
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recapture, management and resale of the Parcel,
. or any part thereof (but less any income
derived by the Agency from the sale of the
Parcel, or any part thereof, in connection with
such management); all taxes, assessments and
water and sewer charges wi th respect to the
Parcel or any part thereof (or, in the event
the Parcel, or any part thereof, is exempt from
taxation or assessment or such charges during
the period of ownership, then such taxes,
assessments or charges, as would have been
payable if the Parcel, or part thereof, were
not so exempt); any payments made or necessary
to be made to discharge or prevent from
attaching or being made any subsequent
encumbrances or liens due to obligations,
defaults or acts of the Developer, its
successors or transferees; any expendi tures
made or obligations incurred with respect to
the making or completion of the agreed
improvements or any part thereof on the Parcel,
or any part thereof; and any amounts otherwise
owing to the Agency by the Developer and its
successor or transferee.
Any balance remaining after such reimbursements shall be
retained by the Agency as its property.
The rights established in this Section 6.7 are to be
interpreted in light of the fact that the Agency will convey each
Parcel to the Developer for development and not for speculation in
undeveloped land.
7. GENERAL PROVISIONS
7.1 Notices. Demands and Communications between the Parties
Formal notices, demands and communications between the Agency
and the Developer shall be sufficiently given if dispatched by
registered or certified mail, postage prepaid, return receipt
requested, to the principal offices of the Agency and the
Developer, as designated in Section 1.5 hereof. Such written
notices, demands and communications may be sent in the same manner
to such other addresses as either party may from time to time
designate by mail as provided in this Section 7.1.
7.2 Conflicts of Interest
No member, official or employee of the Agency shall have any
personal interest, direct or indirect, in this Agreement nor shall
any such member, official or employee participate in any decision
relating to the Agreement which affects his personal interests or
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the interests of any corporation, partnership or association in
which he is, directly or indirectly, interested.
The Developer warrants that it has not paid or given, and will
not payor give, any third party any money or other consideration
for obtaining this Agreement. This paragraph shall not be
construed to apply to the payment of attorneys' fees and other
consultant costs.
7.3 Nonliabilitv of the Aqencv Officials and Emplovees
No member, official, employee or consultant of the Agency
shall be personally liable to the Developer, or any successor in
interest, in the event of any default or breach by the Agency or
for any amount which may become due to the Developer or to its
successor, or on any obligations under the terms of this Agreement.
7.4 Time is of the Essence; Enforced Delav: Extension of Time
of Performance
Time is of the essence with respect to each and every
obligation hereunder. Notwithstanding the foregoing, in addition
to specific provisions of this Agreement, performance by either
party hereunder shall not be deemed to be in default where delays
or defaults are due to war, insurrection, strikes, lock-outs,
riots, floods, earthquakes, fires, casualties, Acts of God, acts
of the public enemy, epidemics, quarantine restrictions, freight
embargoes, lack of transportation, governmental restrictions,
litigation, unusually severe weather, inability to secure necessary
labor, materials or tools, delays of any contractor, subcontractor
or supplies, acts of the other party, acts or failure to act of the
City or any other public or governmental agency or entity (other
than that act or failure to act of the Agency). An extension of
time for any such cause shall be for the period of the enforced
delay and shall commence to run from the time of the commencement
of the cause, if notice by the party claiming such extension is
sent to the other party within thirty (30) days of knowledge of the
commencement of the cause. Times of performance under this
Agreement may also be extended in writing by mutual agreement of
the Agency and the Developer.
7.5 Inspection of Books and Records
The Agency shall have the right after reasonable notice and
at all reasonable times during normal business hours to inspect
the books and records of the Developer pertaining to the Site and
each Parcel as pertinent to the purposes of this Agreement. The
Developer shall also have the right after reasonable notice and at
all reasonable times during normal business hours to inspect the
books and records of the Agency pertaining to the Site and each
Parcel as pertinent to the purposes of this Agreement.
7.6 Approvals
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Approvals required of the Agency or the Developer shall not
be unreasonably withheld except as otherwise provided herein, or
otherwise required by law.
7.7 Real Estate Commissions
The Agency shall not be liable for any real estate
commissions, brokerage fees or finders fees which may arise from
the sale of the Site or any Parcel to the Developer. The Agency
and the Developer each represent to the other that it has employed
no broker, agent, or finder in connection with this transaction and
each agrees to indemnify and hold the other harmless from and
against any and all claims by such a party through Agency or
Developer against the other.
7.8 No Third Party Beneficiarv
The terms and provisions herein contained shall be only for
the benefit of the parties hereto and such terms and conditions
shall not enure to the benefit of any other party whosoever, it
being the intention of the parties hereto that no one shall be
deemed to be a third party beneficiary of this Agreement.
7.9 Developer's Representation
Developer represents and warrants that Josef Citron and Lenore
Citron are the sole shareholders of Citron Realty Management
Corporation, a California corporation, and that Citron Realty
Management Corporation and Josef and Lenore Citron personally,
collectively own a majority interest of Broadway Village Business
Homes, L.P., a California limited partnership and that such will
remain the case through the development of the Project. Any
transfer of any interest in Developer or an affiliate entity which
changes this ownership shall be treated as an assignment of this
Agreement subject to Agency approval as provided in Section 4.4
hereof. Developer acknowledges and agrees that Agency is looking
to the experience and expertise of the Citrons for Developer's
performance of its obligations under this Agreement.
7.10 Covenants to Run with Land
All covenants contained in this Agreement pertaining to the
use of the Site or any Parcel thereof shall run with the land and
shall be binding for the benefit and in favor of the Agency, the
City of Chula Vista, and their respective successors and assigns.
The City and the Agency, in the event of any breach of any such
covenants, shall have the right to exercise any and all remedies
provided hereunder or otherwise available at law or in equity, in
order to enforce compliance with such covenants.
7.11 Recordation
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Agency reserves the right, at its election, to cause the
recordation of this Agreement or a Memorandum thereof which
Developer agrees to execute and acknowledge. The recordation of
a Certificate of Completion shall operate to remove the effect of
this Agreement or any Memorandum thereof upon the real property
described in that Certificate of Completion.
7.12 Compliance with Laws; Disclosure
Developer shall comply with all laws relating to the marketing
and sale of the Business Home units, including, as applicable,
disclosure of the existence of the assessment district and any land
use restrictions.
7.13 Leqal Challenqe
In the event that any court action or other legal proceeding
is brought by any person not a party to this Agreement to challenge
this Agreement, the granting of any Entitlements or the fulfillment
of any condition to the obligations of the parties hereto, and
without regard to whether or not the Developer or the Agency is a
party to said action or proceeding, the Developer shall have the
right to terminate this Agreement upon thirty (30) days notice in
writing to Agency given at any time during the pendency of such
action or proceeding prior to the conveyance of the Site or any
Parcel thereof to Developer.
If this Agreement is not terminated, Developer shall
indemnify the Agency and the City for all expenses including
attorneys' fees, to defend the City or the Agency from any claim,
action or proceeding against the City, the Agency or their agents
officers, or employees to attack, set aside, void or annul the
approval of this Agreement or the approval of any Entitlements or
condition to the obligations of the parties hereto. The City and
the Agency shall promptly notify Developer of any such claim,
action or proceeding. For purposes of this Section, the Developer
acknowledges that the term "attorney's fees" includes the
reasonable costs incurred by the City or Agency in the defense of
any claim, action or proceeding by the City Attorney or his staff.
In the event of a successful challenge of the legality
of this Agreement or any implementing documents, this Agreement
and all implementing document shall terminated and no party shall
have any further obligation thereunder.
8. ENTIRE AGREEMENT, WAIVERS AND AMENDMENTS
This Agreement shall be executed in duplicate
originals each of which is deemed to be an original. This
Agreement includes pages and attachments which
constitute the entire understanding and agreement of the parties.
p:\9\9484\46565\Trans\OispAgr5.5-4
-41-
This Agreement integrates all of the terms and conditions
mentioned herein or incidental hereto, and supersedes all
negotiations or previous agreements between the parties with
respect to all or any part of the Site.
None of the terms, covenants, agreements or conditions set
forth in this Agreement shall be deemed to be merged with the Grant
Deed conveying title to any Parcel and this Agreement shall
continue in full force and effect with respect to each Parcel
before and after conveyance until after a Certificate of Completion
for the applicable Parcel as provided in Section 4.8 is recorded.
All waivers of the provisions of this Agreement must be in
writing and signed by the appropriate authorities of the Agency or
the Developer, and all amendments hereto must be in writing and
signed by the appropriate authorities of the Agency and the
Developer.
9. TIME FOR ACCEPTANCE OF AGREEMENT BY THE AGENCY; DATE OF
AGREEMENT
This Agreement, when executed by the Developer and delivered
to the Agency, must be authorized, executed and delivered by the
Agency within sixty (60) days after this Agreement is signed by the
Developer, or this Agreement may be terminated by the Developer on
written notice to the Agency. The effective date of this Agreement
shall be the date it is signed by the Agency.
BROADWAY VILLAGE BUSINESS HOMES,
L.P., a California limited
partnership
By: Citron Realty Management
Corporation,
a California corporation
Dated:
By:
Its:
Dated:
By:
Its:
REDEVELOPMENT AGENCY OF THE CITY OF
CHULA VISTA
(Agency)
Dated:
By:
Its:
APPROVED AS TO FORM AND LEGALITY
ON THIS DAY OF
p.\9\9484\46S65\Trans\OispAgr5.5-4
-42-
199_
By:
Agency General Counsel
p:\9\9484\46S65\Trans\OispA9r5.5-4
-43-
TABLE OF CONTENTS
1.
PAGE
SUBJECT OF AGREEMENT . . . . . . . . . .
1.1 Purpose of the Agreement. . .
1.2 The Redevelopment Plan. . . .
1.3 The Redevelopment Project Area
1.4 The Site. .....
1.5 Parties to the Agreement. . .
2
2
2
3
3
3
2. ACQUISITION AND DISPOSITION OF THE SITE 3
2.1 Sale and Purchase . . . 3
2.2 Adjustment of Purchase Price . 5 4
2.3 Phasing of the Acquisition. . + S
2.4 Conditions to Developer's Right to Acquire SiteS m
2 . 5 Escrow. . . . . . . . . . . .. .... 10'
2.6 Conveyance of Title and Delivery of Possession 13
2 . 7 Form of Deed . .. ............ 1 3
2.8 Condition of Title. . . . . . . . . . . . .. 13
2.9 Time for and Place for Delivery of Deed . .. 14
2.10 Payment of the Purchase Price and Recordation of
the Deed. . . . . . . 14
2.11 Title Insurance . . . 14
2.12 Taxes and Assessments 14
2.13 Condition of the Site +s m4.
2.14 Preliminary Work by the Developer y~
2.15 Submission of Evidence of Financing 16
3.
4-+
ItS
'17
17
PREACQUISITION OBLIGATIONS.
3.1 Demolition of Existing
3.2 Site Remediation Work
4.
DEVELOPMENT OF THE SITE
4.1 Development of
4.1 .1
4.1.2
4.1.3
4.1. 4
4.1.5
4.1. 6
4.1. 7
4.1.8
4.1.9
Construction
4.1.10
p:\9\9484\46S65\Trans\OispAgr5.5-4
Buildings
.wms
the Site .w as
Scope of Development '1'9
Basic Concept and Schematic
Drawings . . . . . . . . . 1 9
Landscaping and Grading Plans 19
Construction Drawings and Related
Documents for the Site ~ mg
.;.~:';'....:'
Agency Approval of Plans, Drawing's'"
and Related Documents 20
Cost of Construction . .. 21
Construction Progress Reports. 21
Indemnification During
Construction; Bodily Injury and
Property Damage Insurance . 21
Anti-discrimination during
. . . . . . . . . . . . . .
22
22
Local, State and Federal Laws
-i-
5.
6.
7.
4.1.11 City and Other Governmental Agency
Permits . . . . . . . . . 22
4.1.12 License/Easement..... 22
4.2 Fees. . .. .............. 23
4.3 Taxes; Assessments; Encumbrances; and Liens 23
4.4 Prohibition against Transfer . . . . . . .. 23
4.5 Security Financing; Right of Holders. . .. 24
4.5.1 No Encumbrances except Mortgages,
Deeds of Trust, Conveyances and
Leases-Back or Other Conveyance for
Financing for Development . . . 24
4.5.2 Holder Note Obligated to Construct
Improvements . . . . . . . 24
4.5.3 Notice of Default to Mortgage, Deed
of Trust or Other Security Interest
Holders; Right to Cure . " 25
4.5.4 Failure of Holder to Complete
Improvements . . . . . 25
4.5.5 Right of the Agency to Cure
Mortgage, Deed of Trust, or Other
Security Interest Default . 26
4.6 Right of the Agency to Satisfy Other Liens on the
Property After Title Passes 27
4.7 Certificate of Completion 27
USE OF THE SITE . . . . . . . . . .
5. 1 Uses. . . . . . . . . . .
5.2 Maintenance and Control of Common Areas
5.3 Obligation to Refrain from Discrimination
5.4 Form of Nondiscrimination and Nonsegregation
Clauses . . . . . . . . . . . .
5.5 Land Use Controls . . . . . . . . . .
5.6 Effect and Duration of Covenants . . .
5.7 Covenants, Conditions and Restrictions
28
28
28
29
29
30
31
31
DEFAULTS,
6.1
6.2
REMEDIES AND TERMINATION 31
Defaults - General . . . 31
Legal Actions . . . . . 32
6.2.1 Institution of Legal Actions 32
6.2.2 Applicable Law . . . . . .. 32
6.2.3 Acceptance of Service of Process 32
Rights and Remedies Are Cumulative 32
Damages ............ 32
Specific Performance . . . . . . . 33
Remedies and Rights of Termination 33
6.6.1 Termination by the Developer 33
6.6.2 Termination by Agency 34
Right of Reentry 35
6.3
6.4
6.5
6.6
6.7
GENERAL PROVISIONS . . . .
7.1 Notices, Demands and Communications between the
Parties
7.2 Conflicts of Interest
37
37
37
. . . . . . . . . . . .
p:\9\9484\46565\Trans\OispAgr5.5-4
-ii-
8.
9.
7.3
7.4
7.5
7.6
7.7
7.8
7.9
7.10
Nonliability of the Agency Officials and
Employees . . . . . . . . . . . . . . . . . . 37
Time is of the Essence; Enforced Delay: Extension
of Time of Performance . . . . . 38
Inspection of Books and Records 38
Approvals . . . . . . . . 38
Real Estate Commissions 38
No Third Party Beneficiary 39
Developer's Representation 39
Covenants to Run with Land 39
ENTIRE AGREEMENT, WAIVERS AND AMENDMENTS
40
TIME FOR ACCEPTANCE OF AGREEMENT BY THE AGENCY; DATE OF
AGREEMENT .....................
41
p:\9\9484\46S65\Trans\OispAgr5.5-4
-iii-
Attachment No. 3
Scope of Development
A. PHASE 1:
1. First Increment. Building A**, consisting of 6 units,
with approximately* 18,375 square feet of the land.
2. Second Increment. Buildings B and C, consisting of 8 and
4 units, respectively, (total of an additional 12 units), and
approximately* an additional 36,750 square feet of the land.
Cumulative total: 18 units, and 55,125 square feet of land.
B. PHASE 2:
Buildings D, E and F, consisting of 4, 8 and 6 units,
respectively, (total of an additional 18 units), and
approximately an additional 55,125 square feet of land.
Cumulative total: 36 units, and the whole approximately*
110,250 square feet of land.
* Each Phase shall include a pro rata portion, based upon
applicable land area, of curbs, sidewalks, driveways, streets,
landscaping, parking areas and other associated on-site and off-
site improvements.
The square footage set forth herein is approximate inasmuch
as neither the City nor the Agency have provided Developer with a
legal plat with exact dimensions, nor has a complete physical
survey of the total property been done as of yet. For purposes of
this document, Developer is using the figures given it by the
Agency of 525 feet on Broadway and 210 feet of depth.
** See attached computer schematic building/unit number layout.
9484\46S6S\attacl13
AUG- 1-95 WED 12: 18 PM C. S, H. V
FAX NO. 619 4230884
P. 2
eo. 80< ~1l7
QloJo 'II.... C:Il .1'U-~m
(619)498-110I1
18DOlm-'I~
O'II.Uide s~ DIe.peovnt:Y
Al,l8lJ3t I, 1995
Josef and Lenore Ctron
4000 Coroll8do Bay Blvd.
. Corooado, ~n:U, 92118
LETrER OF lNTEKEST TO LEND FVND5
PaciIlc TIUSt Peden! Credit Ullicm henlby ""p- III intenIet to llIId fiaods to qlll1lfied
1>orrowen for tho p~h4Ie otbuinesll boroClllo be built ill Cbula VIIt.. Califbmia
AmaD.lllfCommitmeat
to be delmlllned
Upou completion of COIlIlluaioll, for purcbaae of
buams homes It tbe former Fonl dea1mbip
slle 011 Broadwl.y Blvd., ChuIa Vista, ColifomlL
hrpose of Loa..
~o'Loa..
1st Trust Deed, Fee Simple, Adjustable-Rate Morlpge
based on 11th District Coat ofFWlds. I-Year Trwwy
or Prime Rate indices. Purcbuer may request otbl!f loan
terms then lIvailable, and Pacific Trust IIIIIY sram IUClh
request bul ill Ullder no obligaiioa to do so.
Cuuent maIltel tenus fur loan tenD, interest rate, points
alId 10811 origination feel
Terms olLva.
Qualification
Any qualified* nalWaI penon bOlJ'owct, 8\lbject to a
minimum 20".1. down paymeol if own... occupied, or
minimum 30"/0 down payment If non-owner occupied.
~ ~
- A'ulaanz?
Vx:e Praidem -r......I,,! and Bl'lIDdl Operations
AUG- 1-95 W~J 11:57 AN
E:9m3642
~
'.
AUG- 1-95 WED 3: 55 PM C, B. H. V
FAX NO. 619 4230884
P. 2
August 1. 1995
SanDi
~k
1420 Kettner 80llltvard
San Diego. C,Ufornia 9it1Q1
Telephon<; 619.231.4889
Mr. Josef Citron
Mrs. Lenore Citron
4000 Coronado Bay Road
Coronado. CA 92118
Re: Construction financing for I proposed siX unit "Business Homee" projeot located
between J & K Streets in Chllla Vista, CA.
Dear Mr. and Mrs. CitrOn:
This ccmlspondence Is a If!!ler of inteA!llt regarding construCtiOn ftnancing for the above
referenced property. san Diego National Bank Is Interested in considering the financing
of your project. pu/1luant to the following tenns and conditions.
BORROWER
GUARANTORS:
To be determined.
INTEREST RATE:
San Diego Na1lonal Bank's prime rate (currently 9.25%) plus
200 basis poin\$ (2.00%) fIoatlng with a 2.0 point loan
origination fee, This loan will have a12 month teml.
lOAN AMOUNT:
The loan, wol!ld be intel'e!lt only and paid monthly from an
Interest reGelVe. The interast rate will be adjusted monthly as
base rate changes.
The proposed .Ioan amount is $B74,OOO, not to exceed 62% of
the appraised value. The borrower wiD be required to provide
the balance of total project costs. as cash equity, which wiD be
an olfset to tolal proJel;t coats. In no event will this amount be
less than 20% of total project c:osts. Velue will be detennlned
by an approved Bank appraiser. The borrower win provtcle
plana. specifications and cost breakdowns on the propelled
project. Appra,...1 "oat will be paid by bOm:JWer to bank at
loan appfication (thill has been received). The final loan
amount win be detennined after a review of the appraisal, full
loan package and loan boerd approval
AUG- 1-95 WED 3: 55 PM C. B. H. V
Mr. and Mrs. Citron
Augusl 1. 1995
Page 2
COLLA.TERAL:
GUARANTORS:
MISCELLA.NEOUS
PROVISIONS;
FAX N~ 619 4230884
San Diego National Bank wal hold II first trust deed on the
propo5ed six home development.
San Oleg.o National Bank wm also require the personal
guarantees of tl1e principals of any corporate borrower or
related legal entitles. Review and appr01/al of the financial
streng1h of all corporate entltles and guaranto~ is a condition
to tile final approval of this credit
All rehabilitation funds ..vIII be disbursed through a fund
control.
The Bank Is extremely inll!lrested in this loan. I haVe di$CU&Sed the transac:tlon with !he
senior management of the Bank. and they have requested that I aggressively pursue this
finllneing.
Howevar, the Borrower ill aware that the Banks \()an will be expressly conditioned on a
reviaw of a narrative appraisal from an approved Bank MAl appraiser. this letter is 8n
expreSllion of Interest for discuSSion of rate$ and terms only and in no way should it be
construed 85 a linn commitment, A firm commitment must be approved by San Diego
National Bank's Board of Directors. The filial closing of this reque8t wBI also be expressly
conditioned on the Bank receMng confirmation that the property i$ free of all forms of
hazardous waste. This may require a fonnal phase one environmental analysis.
Please give me a call should you have any questions or c;Onc;ems. We loOk forward to
worl<!flg wltn you.
Sincerely,
~PJ? -
ROller Remnant
Vice President
RR:lt
I1Im1nt.rn.tMrsI'dttonJoi
P. 3